Can the Respondent file for Default?

What is the name of your state? CA

The Petition was filed April 2007 & served on Respondent April 26, 2007. This is an uncontesed divorce, no children or property. Since then, only a "Reassignment" has been filed and that was Dec. 31, 2007.

Question 1: What is a Reassignment?
Question 2: Can the Respondent file the remaining papers to finalize the divorce?
Question 3: If yes, what is necessary? Is it just the Default?

Thanks,

Tricia

redhotpenguin said:

What is the name of your state? CA

The Petition was filed April 2007 & served on Respondent April 26, 2007. This is an uncontesed divorce, no children or property. Since then, only a "Reassignment" has been filed and that was Dec. 31, 2007.

Question 1: What is a Reassignment?

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Depends on how they are using the term.... what exactly was reassigned?

Question 2: Can the Respondent file the remaining papers to finalize the divorce?

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Yes. If the petitioner is not moving the case, then the respondent can do the work.

Question 3: If yes, what is necessary? Is it just the Default?

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Depends on where you are in the process and since you haven't said, no one can tell you what the next step is because no one knows what steps have been taken already. However, the respondent cannot file a default.

This should answer some of the questions you asked..This is from the Solano County web site:

DOCKET REPORT RESULTS
02-APR-2007
PETITION FOR DISSO.
SUMMONS ISSUED
ORIGINAL SUMMONS FILED


26-APR-2007
PROOF OF PERSONAL SERVICE: PETITION; SUMMONS; BLK RESPONSE DATE OF SERVICE:4-26-07 MANNER OF SERVICEERSONAL


31-DEC-2007
NOTICE OF REASSIGNMENT
DOCUMENT SERVED:NTRA DATE OF SERVICE:12-31-07 MANNER OF SERVICE:MAIL

Additionally, the Petitioner refuses to answer or return any attempt at communication now so if Repsondent cannot file for Default, then how can they get the divorce finalized?

Thanks.

Edited:

Wait... if this is the complete docket summary (and I am assuming you are the respondent), have you ever ANSWERED the petition? If the petitioner never files for default, and you don't answer, there is no where for you to go. You must ANSWER the petition, then you can :
File the Request for Trial Setting.

There is no reason for you to communicate with the petitioner.

As for reassignment, my best guess without looking at the file is that the case may have been assigned to another judge in the courthouse. Of course, that's only a guess because docket summaries don't tell a story at all. However, nothing is stopping you from pulling a copy of the file and looking.

Can the Respondent file for default?

Yes, that is the complete docket summary. I'm not the Respondent, I'm asking for a friend of mine but no, he had not filed the Response..which we just found out yesterday.. You are right about the reassignment and I got that same answer from the Court Clerk yesterday.
He is going to file his Response this week but the Petitioner says she no longer lives at the address on her Petition so how can she be served a copy of his response?

Thanks for your help..

Send her mail at the prior address with a return receipt requested - if the PO is forwarding her mail to another address you'll receive it.

redhotpenguin said:

I'm not the Respondent, I'm asking for a friend of mine

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I just absolutely cannot do third parties anymore......

I just can't.

Tell your friend to go and visit the Family Law Facilitator.

tuffbrk-- thank you..I will let him know.

CourtClerk--I'm asking the questions he wanted me to...Since he drives for a living, he doesn't have internet access, nor can he make calls, while he's working. But I appreciate your help.