Default divorce

[anniekins78]

What is the name of your state? CA

Hello all, I really appreciate your time, because I'm lost and have no idea what to do.

My husband filed for divorce in Yolo County in February of 2020. He and I had previously agreed on things, and so I didn't feel the need to respond. I figured the 30 days would go by, he'd file the default judgement, and we'd wait the requisite time until the divorce is final, and move on with our lives.

How long does a petitioner have to file the default judgement? I've looked on the CA court websites and only can find that I had 30 days to respond, but is there a time limit on the default? If so, and it's run out, do we need to start all over? It's been over a year since he originally filed.

I have been unable to get in contact with my ex for months, and frankly I'm getting tired of waiting to be divorced. Do I have any recourse here?

 

[Just Blue]

What is the name of your state? CA

Hello all, I really appreciate your time, because I'm lost and have no idea what to do.

My husband filed for divorce in Yolo County in February of 2020. He and I had previously agreed on things, and so I didn't feel the need to respond. I figured the 30 days would go by, he'd file the default judgement, and we'd wait the requisite time until the divorce is final, and move on with our lives.

How long does a petitioner have to file the default judgement? I've looked on the CA court websites and only can find that I had 30 days to respond, but is there a time limit on the default? If so, and it's run out, do we need to start all over? It's been over a year since he originally filed.

I have been unable to get in contact with my ex for months, and frankly I'm getting tired of waiting to be divorced. Do I have any recourse here?

Please define "we agreed on things". What "things" did you agree upon? Do you and he have children together? ?Have you inquired with his family to see if he's okay?...after all we are in a pandemic that has killed over half a million people in this country, tens of thousands of those that died are in California.

 

[Zigner]

@zddoodah - do you have any thoughts (suggestions) on how a respondent in a California family law matter can move things along?

 

[adjusterjack]

He and I had previously agreed on things, and so I didn't feel the need to respond. I figured the 30 days would go by, he'd file the default judgement, and we'd wait the requisite time until the divorce is final, and move on with our lives.

When the 30 days went by and he hadn't filed why didn't you TALK TO HIM about moving forward?

 

[anniekins78]

As I said, I've been trying to get in touch with him. He doesn't respond to emails or texts and won't return my phone calls. I even checked with his dad to make sure all was well, and he said he was probably just busy.

All I mean by agreeing with things, was that I agreed with what he had listed in the filing and didn't wish to dispute any of it. It truly is an uncontested divorce. We have no children. It's supposed to be a very simple thing, which is why I'd like to be done with it.

 

[zddoodah]

My husband filed for divorce in Yolo County in February of 2020. He and I had previously agreed on things, and so I didn't feel the need to respond.

That's completely illogical, but ok.

How long does a petitioner have to file the default judgement?

The court files the judgment, not the petitioner. I assume you meant to ask how long the petitioner has to file papers seeking a default judgment after the respondent has failed to respond within the time provided by law. I'm sure there's something in the California Rules of Court about this but don't have the time at the moment to look it up. It's probably supposed to be done within 60 or 90 days or so. The potential consequence is dismissal of the case, but I suspect most courts are not in a rush to enforce this -- especially during a pandemic.

If so, and it's run out, do we need to start all over?

That depends on whether or not the case has been dismissed for failure to prosecute or whether it's still pending.

Do I have any recourse here?

Recourse for what? Nothing you described is a legal wrong for which you might have recourse.

@zddoodah - do you have any thoughts (suggestions) on how a respondent in a California family law matter can move things along?

If the OP hasn't filed a response, there's nothing he/she can do. If the case hasn't been dismissed and default hasn't been entered, then the respondent can file a response. In a California dissolution proceeding, once both parties have appeared, the distinction between "petitioner" and "respondent" essentially disappears. The problem for the OP is that, if he/she files a response, he/she can't do anything to get the case settled without the cooperation of the petitioner, so the options would be to seek dismissal or move the case forward to trial. Either way, it would be a bad idea to proceed without an attorney.

 

[anniekins78]

I'm not sure what you mean by it being illogical. We had decided to share the cost of the initial filing fee, to save some money since there wasn't anything to contest. If I had received the papers and it said something other than what we had agreed, then yes, I would've responded.

All I meant by recourse, was something to help the process move along. Recourse meant as some kind of help in a difficult situation. I wasn't alleging any wrong doing, I'm just wanting to move on with my life and this is just keeps hovering over my head.

Thanks anyway. Have a great day.

 

[Zigner]

I'm not sure what you mean by it being illogical. We had decided to share the cost of the initial filing fee, to save some money since there wasn't anything to contest. If I had received the papers and it said something other than what we had agreed, then yes, I would've responded.

All I meant by recourse, was something to help the process move along. Recourse meant as some kind of help in a difficult situation. I wasn't alleging any wrong doing, I'm just wanting to move on with my life and this is just keeps hovering over my head.

Thanks anyway. Have a great day.

You should look at the actual case file (you may be able to do that online). It's quite possible that the court has already dismissed the case for lack of prosecution (basically, for letting it sit with nothing happening). This was mentioned above.

 

[anniekins78]

You should look at the actual case file (you may be able to do that online). It's quite possible that the court has already dismissed the case for lack of prosecution (basically, for letting it sit with nothing happening). This was mentioned above.

Thank you. I have been trying to look it up online since last February, but I don't know if I'm looking in the wrong place or what. I've already started shopping for an attorney, I just thought I'd see what you guys could offer. Thank you again.

 

[adjusterjack]

I have been trying to look it up online since last February, but I don't know if I'm looking in the wrong place or what.

You go to the county court's website where the action was filed and there should be a case search feature.

 

[zddoodah]

I'm not sure what you mean by it being illogical. We had decided to share the cost of the initial filing fee, to save some money since there wasn't anything to contest. If I had received the papers and it said something other than what we had agreed, then yes, I would've responded.

Well...now you've provided more information that makes it less illogical. New facts often result in different conclusions.

You should look at the actual case file (you may be able to do that online).

You go to the county court's website where the action was filed and there should be a case search feature.

Unfortunately, case records are not available online for Yolo County.

 

[anniekins78]

Hello again all! Thank you again for the valuable information before. I have another couple of questions that I'm hoping someone can help me with.

So I was finally able to find my divorce case on the Yolo County website and found that he had never filed proof of service on me (which I thought was odd, but whatever). I went ahead and filed my response, and provided him with my preliminary declaration of disclosure (complete with tax returns, income/expense declaration with pay stubs, and property declaration), and filed the appropriate form telling the court I did so. I also had him served, and filed my proof of service - so far I think I'm in good shape.

My next steps aren't terribly clear to me however - I found something on the actual form for the Decl of Disclosure, that said he actually was supposed to give me his within 60 days of filing his petition, but I never received anything. As I said, I'm not looking for some kind of windfall or to punish him or anything, but I'm hoping I can use this to maybe move the case along somehow?

If not, I'll just send him a demand for it I guess - is that something that I need to file proof of service for as well?

 

[Ohiogal]

Hello again all! Thank you again for the valuable information before. I have another couple of questions that I'm hoping someone can help me with.

So I was finally able to find my divorce case on the Yolo County website and found that he had never filed proof of service on me (which I thought was odd, but whatever). I went ahead and filed my response, and provided him with my preliminary declaration of disclosure (complete with tax returns, income/expense declaration with pay stubs, and property declaration), and filed the appropriate form telling the court I did so. I also had him served, and filed my proof of service - so far I think I'm in good shape.

My next steps aren't terribly clear to me however - I found something on the actual form for the Decl of Disclosure, that said he actually was supposed to give me his within 60 days of filing his petition, but I never received anything. As I said, I'm not looking for some kind of windfall or to punish him or anything, but I'm hoping I can use this to maybe move the case along somehow?

If not, I'll just send him a demand for it I guess - is that something that I need to file proof of service for as well?

You need to file proof of service on just about anything you send to him that is required.

 

[zddoodah]

is that something that I need to file proof of service for as well?

Any document you file with the court needs to be served (typically by regular mail) on the other party and a proof of service filed with the document.

You should retain the services of a divorce attorney to make sure this gets done properly. Otherwise, I suggest a visit to the county law library and several hours reviewing The Rutter Group's Family Law practice guide.

 

[anniekins78]

You need to file proof of service on just about anything you send to him that is required.

That makes sense. Thank you! I'll just plan on doing that then.

Any document you file with the court needs to be served (typically by regular mail) on the other party and a proof of service filed with the document.

You should retain the services of a divorce attorney to make sure this gets done properly. Otherwise, I suggest a visit to the county law library and several hours reviewing The Rutter Group's Family Law practice guide.

I actually have shopped around for a divorce attorney, but they all want a $2-3k retainer that I just don't have. I did pay to have an attorney review my paperwork before it was served and filed though.

I'll send him a demand and file that with the court. Since he was supposed to send that to me within 60 days of his initial petition, do you think I should send that now? Or wait 30 days from when he was served with mine?

Btw he did finally email me back, and he told me he was too busy with work and couldn't be bothered. Guess how surprised I was. =)