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Answer to Complaint for Dissolution

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K

kalil

Guest
If one was unable to file a response/answer to complaint in regards to dissolution, what are the consequences and can one ask for an extension to file the answer. Don't have an attorney which makes filing answer difficult. Please advise.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kalil:

If one was unable to file a response/answer to complaint in regards to dissolution, what are the consequences and can one ask for an extension to file the answer. Don't have an attorney which makes filing answer difficult. Please advise.
<HR></BLOCKQUOTE>

My response:

If you fail to file an answer, or other responsive pleading, to the Petition within the alloted statutory time limit, you will lose the case automatically (called a "Default"). Everything in the Petition will be deemed true and an order based upon what the Petitioner asks for in the Petition will be ordered by the court.

Yes, you can ask for an extension of time up to 30 days, and one might be given to you, or not. If granted by the Petitioner's attorney, you must confirm the extension of time in writing, and mailed to the attorney. The letter shall state the beginning date of the extension and the new due date for a responsive pleading.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
U

usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
If you fail to file an answer, or other responsive pleading, to the Petition within the alloted statutory time limit, you will lose the case automatically (called a "Default").<HR></BLOCKQUOTE>

Does this assume that all resonable effort was made to serve in the first place and that it was done so at least 10 days before the court date ?.

We had a situation where we informed our opposing attorney of the correct address and he still file papers with the clerk of the court with our old address. By the time the papers were redirected it was almost 3 weeks later. Luckily, it was only to notify of a filing.. but if it was a hearing, I presume we could petition the court ?

 
K

kalil

Guest
It has been over 30 days since the deadline to file an answer. If I can still ask for a Petition to reply, must I only do it through the plaintiff's counsel, and not the court. This would seem impossible and not beneficial for plaintiff's case. My only real concern is getting visitation rights for our daughter and my concern why I must pay for my wife's attorney fees and costs since I have no money and no attorney myself and if I'm correct, in California this divorce is "no fault".
 
I

I AM ALWAYS LIABLE

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kalil:
It has been over 30 days since the deadline to file an answer. If I can still ask for a Petition to reply, must I only do it through the plaintiff's counsel, and not the court. This would seem impossible and not beneficial for plaintiff's case. My only real concern is getting visitation rights for our daughter and my concern why I must pay for my wife's attorney fees and costs since I have no money and no attorney myself and if I'm correct, in California this divorce is "no fault". <HR></BLOCKQUOTE>

My response:

California is a "no fault" State. But, what does that have to do with the Petitioner taking your default? Apparently, you either didn't read the front and back of the Summons, or you just didn't believe it. Well, believe it. Of course, you don't have to contest the Petition, and have your default taken. Then everything in the Petition will be accepted as true, and an order for everything requested in the Petition will be granted - - whether or not you like what was said in the Petition. Let's say, for example, that the Petition says, "Petitioner wishes to limit Respondent's child visitation to 1 day per month, to pay child support in the sum of $1,300.00 per month, Spousal support in the sum of $1,500.00 per month, and to pay all of Petitioner's attorney's fees and costs of court." If you didn't like that, you must answer and fight the Petition. If you didn't mind those allegations and requests for relief, then you'd allow the default and those items would be the order. But, all the Petitioner has to do now is file a Default Judgment against you, and it's all over, whether you like it or not.

I would strongly suggest that you call the court clerk to find out if a Default has been entered against you. If not, file an answer immediately if you don't like what the Petition says and alleges. Or, you should hire an attorney, or you can buy a Self-Help book from your local bookstore.

SAMPLE RESPONSE/ANSWER TO PETITION:
You will need to find some appropriate "Affirmative Defenses" (see your Self-Help book).


_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for Respondent,
In Propria Persona


SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
_________[Name], Case No. _________
Petitioner, RESPONSE
vs.
_________[Name],
Respondent.


____________________________________________________________
Respondent answers the petition in this matter as follows:
1. Respondent admits each and every allegation in paragraph(s) _________.
2. Respondent denies each and every allegation in paragraph(s) _________.
3. In answer to the allegations in paragraph(s) _________, respondent is informed and believes that those allegations are untrue, and based on such information and belief respondent denies the truth of each and every allegation in that paragraph.
4. In answer to the allegations in paragraph(s) _________, respondent alleges that respondent has no information or belief on the subject sufficient to enable respondent to answer those allegations, and based on such lack of information or belief respondent denies each and every allegation in that paragraph.
5. In answer to paragraph _________, respondent, _________ [,admits or denies] _________[specify with particularity, for example, by line number and word, the admitted or denied allegations, such as: the allegations commencing with the word "_________" in line _________ through the word "_________" in line _________]. Except as _________ [admitted or denied] in this answer, respondent alleges that respondent has no information or belief on the subject sufficient to enable respondent to answer the allegations of paragraph _________, and based on such lack of information or belief respondent denies each and every allegation in that paragraph. _________[In subsequent paragraphs, answer other paragraphs of the complaint, stating with particularity the allegations admitted or denied, and denying the other allegations for lack of information and belief, as above.]
6. In answer to paragraph _________, respondent admits _________[specify admitted allegations, as in paragraph five]. Respondent is informed and believes that, except as admitted in this answer, the allegations in paragraph _________ are untrue, and based on such information and belief respondent denies the truth of each and every allegation contained in that paragraph not expressly admitted in this answer. _________[In subsequent paragraphs specify the allegations admitted, and deny the other allegations on information and belief, as above].
7. In answer to paragraph _________, respondent admits _________[specify admitted allegations, as in paragraph five]. Except as admitted in this answer, respondent denies each and every allegation of _________[number of paragraph]. _________[In subsequent paragraphs, specify the allegations admitted, and deny the other allegations, as above.]
AFFIRMATIVE DEFENSE(S)
For separate and distinct affirmative defense(s), respondent alleges:
_________[Under separate headings, set up each additional affirmative defense by stating the facts in numbered paragraphs under each heading, starting with number one under each defense, such as: Respondent was incompetent to enter into the marriage, as respondent was born on _________ [date], and was therefore under the age of 18 years as of the date of the marriage, and did not voluntarily cohabit with petitioner after attaining the age of majority.]
WHEREFORE, respondent requests:
1. That the petition be denied;
2. Respondent’s costs of suit; and
3. Such other and further relief as the Court may deem proper.

Dated _________.
_______________________
[Signature]

I _________ [certify or declare] under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated _________ at _________[location].
_______________________
[Signature]

Notes:

1. The response must be filed within 30 days after service of the summons and a copy of the petition on respondent;

2. Remember to file and serve her with a filled in and completed "Income and Expense Declaration" along with your Answer. Get the form from the court clerk's office;

3. Serve her with some Judicial Council Form Interrogatories. Check the boxes. Again, get the form from the court clerk's office;

4. Remember to attach to each document, your Answer, the filled in Expense Declaration, and the Discovery documents, a "Proof of Service" form. Again, court clerk.

5. Ask the clerk for forms called "In Forma Pauperus" - - if you meet the low income financial guidelines, you'll be able to file your Answer for FREE.

Good luck.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS L
 

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