FL-165 Request To Enter Default Confusions
Tim Blankenship with divorce661.com here and In this video, I want to help explain further what the FL 165 is, how it works and just some confusions on how that works.
So, a lot of times when you’re going through a divorce, you’re going to get to a point where you file a request to enter default. This will be in a true default case and this will also be in a hybrid case where there’s an agreement but no response.
So, one of the questions I had the other day was Tim, how does it work with the FL 165 and the 30 days and there was 2 different questions, 2 different ways I’m going to answer this, number 1 way was I had the petitioner call me in 1 case and say well my husband hasn’t responded and the 30 days is over, has he lost his rights and no, that’s not the case and the reason being is 30 days is the window but unless a request to enter default is filed the respondent can at any time file the response, even years down the road, as long as the request to enter default is not filed the response can be filed.
So, you don’t automatically lose it, the door doesn’t slam closed after 30 days, the petitioner has to take a particular action and file the request to enter default. Now, let me answer this another way for another client, she said 30 days has gone by, I have filed my request to enter default but it hasn’t been filed yet, can the respondent after 30 days still file the response and again the answer is yes.
So, what happens when you file some paperwork, say your petition or some disclosures, those get filed immediately. They get file stamped and they get filed right away with the court. With the request to enter default that has to go to the judgment clerk in the courtroom so it takes a while, it can take a couple of weeks, even a month to get file.
So, let’s say the 30 days goes by and you want to file the request to enter default and you do, let’s say you submit to court on that 31st day and you’re waiting, 2 weeks goes by, 3 weeks goes by and the respondent files a response even though it’s beyond the 30 days, whoever’s paperwork is filed 1st will win.
So, if the request to enter default gets filed and the respondent files the response, the response will be rejected or not be allowed to be filed, but if the request to enter default has not been filed yet because of court delays, the respondent can still sneak in the response.
Tim Blankenship divorce661.com, if you need help with your divorce anywhere in California feel free to give me a call 661 281 0266. Hope this was helpful, have a great day.