30 days almost up....what happens now?

[stevenlo]

First, my wife and I were married for 4 1/2 years and we left each other on March 11th. We are both self-employed, had no house, no children....what property we had...we divided on agreement a month ago. Ok should be smooth right? and I already filed a response.

She filed dissolution of marriage (she lives in Orange County, California and I live in Los Angeles County Now) upon me and the 30 days is up on the 28th of this month.

Questions : 1> What does that 30 days conclusively determine?

2> If 30 days goes by without anything more happening, can anything happen after the 30 days and for how long down the road? I.E. how long can she take me to trial for spousal support?

Thank you all of you!!!!!! Your help is so greatly appreciated!!!!

 

[I AM ALWAYS LIABLE]

First, my wife and I were married for 4 1/2 years and we left each other on March 11th. We are both self-employed, had no house, no children....what property we had...we divided on agreement a month ago. Ok should be smooth right? and I already filed a response.

She filed dissolution of marriage (she lives in Orange County, California and I live in Los Angeles County Now) upon me and the 30 days is up on the 28th of this month.

Questions : 1> What does that 30 days conclusively determine?

2> If 30 days goes by without anything more happening, can anything happen after the 30 days and for how long down the road? I.E. how long can she take me to trial for spousal support?

Thank you all of you!!!!!! Your help is so greatly appreciated!!!!

My response:

If the above division is true, and there was no property, and no children, why did you respond at all ? More to the point, what was your response ? What did you do, deny the allegations of the Petition ? Please answer these questions.

In other words, with your facts as stated, there was no need to respond at all. You could have let it go to "Default", and waited your 6 months from the date the Petition was served on you, and then the dissolution would have been entered. Simple.

But, once you, as the respondent, have been served with a summons and petition, a decision must be made whther to appear in the proceeding. A disadvantage of failing to appear and respond in a family law proceeding is that failure to file a response or a notice of certain defensive motions within the time permitted may lead to entry of default against the respondent. [CRC 1237]

But, with your above facts, and if you've already divided everything there is to divide, there would have been no need to have "notice" of anything further or to file any defensive motions. It merely would have been a waiting game for the dissolution to be entered and signed.

So, if you have no plans to file any type of Defensive motions; i.e., you agree with everything in the Petition, you can file and serve a Respondent's Notice of Withdrawal of Response to Petition.

Good luck to you.

IAAL

 

[stevenlo]

To further clarify the 30 days Response action

Mr. I am always liable

She had checked on her copies of paperwork "spousal support" and attorney fees to be paid by me.

My attorney suggest that I file a response where I check that I will NOT pay spousal support and she pays attorney fees.

This was suggested to me so that I would be "heard" in court...gives both sides more of an equal chance when there is a response filed.

I still don't understand what the 30 days clarifies though. I mean.....isn't that when the divorce is final and then it is 6 months and 1 day before you can remarry? And my biggest question, if her and her attorney want to set up a trial date, can they do so AFTER the 30 days and for how long after? I feel they will because they will want to try for spousal support and attorney fees.

 

[I AM ALWAYS LIABLE]

My response:

The 30 days is strictly the time you have, by law, within which to file an answer or response to the Petition. Now I understand what you're doing, and why you responded.

They can request a "trial" on the matter of spousal support and attorney's fees. Your marriage is considered "short term" and she probably won't be awarded any support if she makes a living at or above the level prior to marriage. However, Orange County being what it is, the judge will, perhaps order a one-time lump payment of $2,000.00. If she is not at the poverty level in her income, she probably won't be awarded attorney's fees.

The court sets the "trial" date after both sides have declared themselves "ready". And, this can be months out.

Have you sent her any form Interrogatories with the Request for Financial Declaration ? This will help you to determine whether or not the judge will award her support and attorney fees, among other matters.

Let me know how it goes.

IAAL

[Edited by I AM ALWAYS LIABLE on 07-27-2001 at 02:43 AM]