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Certified Family Law Specialist

Seal Beach, CA

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#227628 - 11/03/09 01:51 PM confused Default Judgement
Mowsymo Offline
New User

Registered: 05/23/06
Posts: 3
while I lived in AZ STBX filed for D in Ca May 2009. I was served and acknowledged being served. I did not file a response, there was no need to,everything had been split and retirement accounts were noted as sole and seperate property on the D docs. We had not lived together in the same house or even in the same state for over a year.
Checked the courts website today and there has not been any action since my acknowledgement was filed. Today is the 6 month 1 day point
My question...will the divorce default without any more docs being filed and if docs need filed can I do it even though I did not respond to the original suit?
I'm sorry if this ? has been answered already. I did search but ended up confused
thanks for any and all help

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#227630 - 11/03/09 03:22 PM Re: confused Default Judgement [Re: Mowsymo]
mr2fyre Offline
Member

Registered: 11/02/09
Posts: 6
The divorce will not default on its own.

He still needs to file his disclosure documents.

Once those are filed he needs to file for Default.

Once the Default is entered he needs to file the judgment.

When that is approved and you receive the judgment stamped and signed by the judge, it is then over.

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#227668 - 11/04/09 02:42 PM Re: confused Default Judgement [Re: Mowsymo]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
Mr Fyre is correct. If nothing is done, the case will be closed. If your ex is not sure how to proceed, I suggest getting the Nolo Press books on "How to Do Your Own Divorce" so that he can file the final paperwork -including the judgment.
_________________________
Disclaimer:Not actual legal advice!

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#227702 - 11/05/09 10:38 AM Re: confused Default Judgement [Re: Tali_Llama]
Mowsymo Offline
New User

Registered: 05/23/06
Posts: 3
thanks to the both of you!
I got in touch with him in a round about way, via email, and he seems to think the D papers will just show up in the mail one day "soon".
How long could it possibly be until the case is closed? I can file and be done with the whole thing in 60 days in AZ. Since I do not know where he lives or anything I would end up putting the announcement in the local paper for where I know he last lived. He has nothing that I want period.
If I even hint at how badly I want this over with he is going to drag it out on purpose if at all possible. He can be very controlling.
I guess I will send another email telling him what you guys have stated, unless the case could be closed anytime soon.

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#227704 - 11/05/09 01:27 PM Re: confused Default Judgement [Re: Mowsymo]
mr2fyre Offline
Member

Registered: 11/02/09
Posts: 6
As long as 6 months have passed, and he properly fills out his papers and it is not a lopsided or complicated judgment, he could have it done in a matter of weeks.

From the time i served my disclosure, to the time i had my judgment in hand was about 8 weeks. But I was not in a rush as my 6 months had not passed yet, and i did make a few errors in the paperwork.

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#227782 - 11/07/09 10:30 AM Re: confused Default Judgement [Re: mr2fyre]
Mowsymo Offline
New User

Registered: 05/23/06
Posts: 3
thanks for all of your help

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