Default?

[srta_rod]

What is the name of your state (only U.S. law)? California

Hello. I filed for divorce. Twenty-nine days after, my husband sent his response to me in the mail. However, my husband said that he did not agree to the terms that his lawyer had written on his response. His lawyer actually gave me more than what I had originally asked for. I went to court on the 32nd day after he was served with first divorce paperwork and his lawyer had not yet filed his response, so I filed for default. I could only assume that the lawyer was going to ammend his response before he filed it. Now his lawyer is saying that he will file a motion under CCP 473 to contest the default because we had already begun negotiations and I had been served his response; even though he had not yet filed it in court. His lawyer says that I just delayed our divorce, could be held liable for my husband's attorney fees, and any sanctions that the court decides. Was I wrong in filing for the default? What do I do next if his lawyer does file this motion under CCP 473? Thanks.

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

Hello. I filed for divorce. Twenty-nine days after, my husband sent his response to me in the mail. However, my husband said that he did not agree to the terms that his lawyer had written on his response. His lawyer actually gave me more than what I had originally asked for. I went to court on the 32nd day after he was served with first divorce paperwork and his lawyer had not yet filed his response, so I filed for default. I could only assume that the lawyer was going to ammend his response before he filed it. Now his lawyer is saying that he will file a motion under CCP 473 to contest the default because we had already begun negotiations and I had been served his response; even though he had not yet filed it in court. His lawyer says that I just delayed our divorce, could be held liable for my husband's attorney fees, and any sanctions that the court decides. Was I wrong in filing for the default? What do I do next if his lawyer does file this motion under CCP 473? Thanks.

Don't take legal advice from ex's attorney. If there was no paperwork filed within the required time period, you were entirely within your rights to file for default.

Read up on procedures in your state - and if you don't understand them, hire an attorney.

 

[wrongsometimes]

What is the name of your state (only U.S. law)? California

Hello. I filed for divorce. Twenty-nine days after, my husband sent his response to me in the mail. However, my husband said that he did not agree to the terms that his lawyer had written on his response.

Nothing filed yet & you filed for a default. Then they need to file something before the court grants the default ... if they do then the default will be denied and the case moves on. If not then...

Its not relevant if negotiations were occurring ... they clearly meant nothing. If a default was granted then the opposing party may need to show good cause for the court to accept a later filing ...

Go and look at you state's practice rules .. you can likely object to a motion to vacate the default.