Default

[logismos]

What is the name of your state? CA

If the respondent does not reply within 30 days, is this call a default? What are the ramifications of a default? Does this mean that the petitioner gets what they want even if this is more than 50-50? In this case, there is only one minor child at the age of 17.

 

[CALIF-PRO36]

What is the name of your state? CA

If the respondent does not reply within 30 days, is this call a default?

MY RESPONSE: Yes.


What are the ramifications of a default?

MY RESPONSE: The Respondant loses and is "out of the litigation". In short, a defaulting party cannot "complain" about the outcome - - unless first relieved of that burden through good cause, additional hearings on that issue, and a court order setting aside the Default.



Does this mean that the petitioner gets what they want even if this is more than 50-50?

MY RESPONSE: Basically, yes; subject to a "Prove-Up" hearing.




In this case, there is only one minor child at the age of 17.

MY RESPONSE: Then, as a result of the Default, the Petitioner winds up with court orders most favorable to the Petititoner; e.g., custody, support, etc., etc., etc.


IAAL