Used a legal service who did not file response in time.

[PBarry]

What is the name of your state? CA

My legal service was retained by me last month, I filed for divorce, but my husband filed at the same time and served me first. okay, i am out the 230.00 filing fee. I was served on the 18th of April, and the legal service said they would file the response for the same fee i had already paid. I also was served with an OSC, and paid an extra fee for that response. I kept calling and was told they were working on the response for both. Last week I called and reminded them of the time constraint (30 days to respond) and they said "come in and sign" I did and thought it was filed. Today I found out that the court rejected it unless i pay another filing fee, or combine the two original cases which requires my husbands consent. He will be thrilled that I have now defaulted and I don't think he will consent. If I pay the fee, again, and file now, am I still too late? and what does that mean to my share of our assets? We have agreed on child custody, but he is seeking all of out assets. Does this mean he wins? What do I do now?

 

[HomeGuru]

What did you hire a legal service rather than a family law attorney?

 

[stephenk]

just because 30 days have passed does not mean you have automatically defaulted. Your ex will have to file a Notice of Default first.

Go to your family law service, sit down with the boss and make sure everything is ready for filing. Then you go and file the paperwork yourself.

then go and hire an attorney.

 

[PBarry]

I know I should have hired an attorney, in the long run it will probably cost me! but i am struggling financially (teacher) and can't squeeze any more from my budget. I am not getting any child support because I agreed to joint custody for my son's sake, it is in his best interest to see us both regularly. But financially, I am at a big disadvantage. Thank you for your advice, I may have to hire an attorney after all.