Sending Paperwork

[Lucke13]

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

I am ready to send my income and expense and schedule of assets and debts paperwork to my ex. Do these papers need to be sent via certified mail, with return receipt or can I mail these papers with just delivery confirmation?What is the name of your state (only U.S. law)?

 

[ecmst12]

Stop starting multiple threads about the same situation.

 

[Lucke13]

Current Restraining orders and Visitation

When the divorce was filed, automatic restraining orders were put into place preventing the children from leaving the state without both parents permission. Do these restraining orders impact the visitation order that was in place prior to filing the divorce (we had a legal separation in place)? All visitation takes place out of state. Is permission needed now for the children to leave the state for the ordered visitation?

 

[LdiJ]

When the divorce was filed, automatic restraining orders were put into place preventing the children from leaving the state without both parents permission. Do these restraining orders impact the visitation order that was in place prior to filing the divorce (we had a legal separation in place)? All visitation takes place out of state. Is permission needed now for the children to leave the state for the ordered visitation?

No, the visitation orders remain in place. Those restraining orders restrain a parent from MOVING the children out of state.

 

[Lucke13]

Default and Vacating Judgement

My stbx did not file a response, so I filed the default paperwork.

Yesterday I received a motion to vacate and set aside the default judgement (no judgement has been made at this point). In the paperwork I received the notice of motion, "Points and authorities", a Declaration, and Application for order and supporting declaration, and an attachment asking for specific visitation. I also received a blank page entitled "Responsive Declaration To Order To Show Cause Or Notice Of Motion", and the proof of service which was filled out with the servers information (my name and address are not on the proof of service at all???)

What do I need to fill out? Is the response the only thing that I fill out? Do I fill out all the information pertaining to child custody, support, etc. Or do I only respond to the sections that my stbx marked? Do I need to provide my own declaration as to why I believe the default should be granted?

The reasoning given for vacating the default is that stbx didn't know that proof of service needed to be filed with the response, and thus the default should be vacated based on having made a mistake.