• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Default entered but spouse hasn't filed for final decree...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

CATransplant

Guest
What is the name of your state? Currently Illinois, Originally California.

My soon-to-be-ex-wife and I agreed to divorce fairly amicably last September. We had agreed to seek a paralegal service and handle all the details between ourselves so as to avoid costly attorney fees, etc. Lo and behold, she hired an attorney and had me served with papers on October 21, 2002. For various reasons, including a job move to Illinois from California, I did not get my response filed in time and received a notice of default on 11/25/02.

I want all of this to just be over at this point, and the request for a final judgement decree was eligible to be filed on April 21. She has not filed this request, and I have been told that since the default was filed and entered, I can not file the request myself. I am unable to contact her (read as she will not return my calls on the matter).

What are my options?? I really just want to be able to get on with my life...
 


stephenk

Senior Member
have you contacted her attorney? If yes, what is the attorney's position on why the judgment hasnt been entered?

If you havent contacted the attorney, why not?
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay, here's what I believe is happening . . .

She has run out of money, and her attorney won't do anything further until payment has been made. She's probably too embarrassed to confront you with that fact.

Yes, you're in default in "her" action against you, and therefore, you're "out" of that litigation as a result. Only she has the ability to have the Request for Final Judgment filled out and filed, but doesn't know what to do - - especially since she's not requesting her office file from the attorney.

However, there's more than one way to skin a cat. You'll have to start your own action AGAINST her, and have her served. By doing that, you'll put her in a "squeeze play" - - either she'll find a way to have the Judgment filed in her action, or she'll allow a default against her in YOUR action. Then, the ball will be in your court to file the final Judgment in YOUR action against her.

IAAL
 
C

CATransplant

Guest
Would my filing a counter complaint add a new 6 month waiting period before I could file for a final judgement?
 

I AM ALWAYS LIABLE

Senior Member
CATransplant said:
Would my filing a counter complaint add a new 6 month waiting period before I could file for a final judgement?

My response:

Yes. However, that only affects your ability to file the Request for Final Judgment. If she's served properly, and doesn't file an answer to your action, then she too will be "out of the litigation". Then, all you have to do is wait the six months from the date she's served, and then file your final judgment paperwork.

Also, you wouldn't be filing a "counter complaint". There are no "counter complaints" in Family law. You'd be filing your own, separate, and new action.

IAAL
 
C

CATransplant

Guest
...hate to keep beating a dead horse here, but...

Would my filing have to be in California or could I file here in Illinois. I have lived here since November 1, 2002.

If I have to file in California, is there any way to do that via mail with the courts or would I have to fly back there to do the filing? I'm REALLY trying to avoid more legal costs than I have to incur, i.e., "I" don't have a lot of money to shell out on an attorney either.

Also, she still has much of the property that we had originally agreed would be mine. What is the best way to try to get this back, or should I consider it a lost cause and just cut my losses?

Thanks Liable...you're a great source of info!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top