Peititioner stops responding

[CrashingGirl]

What is the name of your state (only U.S. law)? California.
I am the Respondent. My spouse petitioned for divorce but never filed proof of service with the clerk that was in default and a notice of failure to provide proof was sent to the petitioner in July this year. I went in on my own in November and filed a responce anyway including my Pre Dec of Disclosure, income & expense and asset & debts. I filed proof of service and paid my filing fee with the clerk and it's all recorded as so. Now I haven't received the Petitioners Pre Dec of Disclosure or asset & debts. I have gone through my statments and other paperwork over the past year and found lots of money missing and coming out of our joint accounts to the sum of $40,000. The petitioner is refusing to provide me their lawyer info or any asset/debt info. The petitioner was the one that delt with the bills and money in our marriage and most things including a past mortgage and auto loans were all in the petitioners name so I don't have access to those loan docs to find where the $40,000 went. The Petitioner will not respond after the first filing for dissolution. What power do I have as the Respondent to move this case forward? We have a court date but not until 4/09 since my spouse missed the dates to file proof. Does that mean my only choice is to wait for the court date and petition for the missing money and let the judge decide? Or is there another option or loop hole for me to push for a default?

 

[seniorjudge]

Ask for a default judgment in your lawsuit.

 

[CrashingGirl]

as the Respondent I'm allowed to do that?

 

[seniorjudge]

as the Respondent I'm allowed to do that?

Ummm...yes.

I think you need to re-read the rules of civil procedure if you're going to be representing yourself.

 

[CourtClerk]

No she's not. She's the respondent. 2336's only go one way...

However, as the respondent, you can move the case along without default all the way to the end. Time to set your case for trial.

 

[seniorjudge]

No she's not. She's the respondent. 2336's only go one way...

However, as the respondent, you can move the case along without default all the way to the end. Time to set your case for trial.

I bow to your expert knowledge of California law.

 

[CrashingGirl]

our first trial is set for April. I'm trying to make it sooner than later. I'm paying on a credit card debt that I just realized is all of my spouses personal charges not for the community. My spouse made a late payment making the interest go up to 30%. I'm making min payments of $450 a month. I agreed to this prior to seeing all the statements. I'm only an authorized user so I was able to get statements but it's in my spouses name. I'm also paying medical for my spouse on my work plan. I'd like to stop these payments sooner than later. I saw in some Family Law Code that I can file a motion for a further responce and a file a motion for an order to prevent the noncomplying party from presenting evidence on issues that should have been covered in the pre dec disclosure that my spouse seems to be refusing to send me.
1. Is it good to file that motion to block evidence
2. Is it smart to file a motion for further responce
3. How do I get my court date pushed sooner if my spouse won't respond and agree to a date change?
4. When can I legally remove my spouse from my works medical plan?

 

[CourtClerk]

our first trial is set for April. I'm trying to make it sooner than later.

That is sooner than later.

I'm paying on a credit card debt that I just realized is all of my spouses personal charges not for the community. My spouse made a late payment making the interest go up to 30%.

If the debt was incurred prior to separation, if your spouse made payments using community assets, then it IS for the community. It's a community debt.

I'm making min payments of $450 a month. I agreed to this prior to seeing all the statements. I'm only an authorized user so I was able to get statements but it's in my spouses name.

You agreed to make the payments... well, that was your decision. Just because you were uninformed BEFORE making the decision doesn't allow you to back out.

I'm also paying medical for my spouse on my work plan. I'd like to stop these payments sooner than later.

You can stop when the divorce is final. If you stop before, your STBX will have you in court so fast your head will spin... and the judge will NOT be happy with you.

I saw in some Family Law Code that I can file a motion for a further responce and a file a motion for an order to prevent the noncomplying party from presenting evidence on issues that should have been covered in the pre dec disclosure that my spouse seems to be refusing to send me.
1. Is it good to file that motion to block evidence
2. Is it smart to file a motion for further responce

So you're not trying to get divorced, you just want to fight, right?

3. How do I get my court date pushed sooner if my spouse won't respond and agree to a date change?

Your spouse didn't consent to the first date. The court set it. We don't push dates sooner unless there is an emergency. Courts are busy and if you haven't noticed, you aren't the only one getting a divorce these days.

4. When can I legally remove my spouse from my works medical plan?

When the divorce is final and the court dissolves your marriage, or by court order.

 

[CrashingGirl]

fight? I guess I have to now that I found a sum of around $40,000 missing that seems to be in an account that was opened without my knowledge. Now that I found my fordged signature on 2007 tax returns putting my return and stimulous check into an account I'm not on but my spouse is. I can't get those account statements or the $40,000 in profit we made from selling the house that my spouse was the only one on the mortgage loan since my family gifted us $65,000 to purchase the home. I was willing to be overly fair and just pay the one credit card my spouse had but looking into statements there seems to be some large jewlrey purchases making 50% of the debt. Spoke with the jewler and he said it could have been cancelled or returned at any time. Seems my spouse only changed their mind about a simple divorce when they found out I was dating someone. Just looking to be fair and ethical. Getting ripped off and stomped on isn't my idea of fair and ehical. I have no money left so a lawyer isn't possible and boy this field of Family Law is intense to try and do a quick study on. Just trying to stop the bleeding not come out with a bag of cash on this.

 

[CourtClerk]

leginfo.ca.gov

Read both the civil code of procedure and the family code

When you're done with that, you'll need to find the local rules for the county you live in/are filing in so you can read up on those also.

Good luck.

 

[CrashingGirl]

Thanks. I'm through the family codes and found stuff I need to follow by but didn't know I needed the Civil and county as well. I'll get on those. I see why lawyers make so much an hour. This is crazy research for just a simple case. I could only imagine if we had kids how this would go down. Thanks for your help again.