dissolution- default

[kimtony1968]

hello. i live in california and i have already filed my dissolution and my proof of service. i need to file form 1286- request to enter default. to my understanding i need to file the original and 2 photocopies along with 2 stamped and addressed envelopes to myself and my husband. am i correct???? how long from now is my divorce going to be final? when does the 6 months start counting???? help !!!

 

[I AM ALWAYS LIABLE]

hello. i live in california and i have already filed my dissolution and my proof of service. i need to file form 1286- request to enter default. to my understanding i need to file the original and 2 photocopies along with 2 stamped and addressed envelopes to myself and my husband. am i correct???? how long from now is my divorce going to be final? when does the 6 months start counting???? help !!!

My response:

Did you look at part 3(b) on the first page of the form ?

Simply, you type in your husband's name and address, and then supply the clerk with a stamped envelope that says the same thing. Sure, you can also supply the clerk with an envelope for yourself too, if you want a conformed copy of the form.

Let me know if you still don't understand, and what it is that you don't understand.

IAAL

 

[kimtony1968]

thank you for your response... when will my divorce be final ??? he was served on 01-30-01 and i filed the proof of service on 01-31-01. i will file the default tomorrow afternoon ... or in other words, when does the six months start counting?

thank you

 

[I AM ALWAYS LIABLE]

My response:

I'm sorry, you did ask that question, and I overlooked it.

Your six months starts from the date he was served with the Petition.

So, while the judge will sign the default within the next couple of weeks, the divorce won't be final until sometime in August or September, when the judge gets around to signing the final Decree of Divorce.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 03-05-2001 at 08:27 PM]

 

[kimtony1968]

hello once again and thank you so very much for your answers. I tried asking questions at the court but the clerks just told me that they couldn't give me any information. I went to file the default today and the clerk wasn't very helpful. So I'm super glad that I found you... Your and Angel sent from heaven... Thanks again You have set my mind at peace... Now I just have a long six months ahead of me...
but at least then it will finally be over once and for all.
thanks again.....

 

[I AM ALWAYS LIABLE]

My response:

Thank you for those very nice words. You know, it's nice to read and hear those words every now and again. I wish some of my clients would do likewise; they'd just rather throw money at me. Oh well, money ain't so bad.

Anyhow, court clerks are just that - - clerks. They are not attorneys and are forbidden by law from advising litigants. All they can do is give you forms and file papers. Sometimes, they'll tell you about court procedure, but that's about it.

So, don't be too hard on our hardworking clerks of the court, for they can do nothing to assist. If they could, they wouldn't have time for their own jobs, and they'd might as well open a "Peanut's" style kioske - "The Psychiatrist is "In".

Again, good fortune to you, and I hope all turns out well for you.

IAAL

 

[kimtony1968]

thanks soooooooooooo much again.... you have been a great help and i am very thankful .... I understand about the clerks jobs. it's just frustrating sometimes when you don't know who to turn to and don't have the money to talk for you... Again,,, i'm glad that i found you... I hope that one day i can be of help to persons in these situations...

Take care.....