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  1. #1

    Exclamation Divorce In Default - How Do I Complete It?

    My question involves divorce in the State of: California. A divorce was started and went into default after I didn't show up to court. This was about 5 years ago. The ex has been using my last name this whole time and it appears it might be to her benefit because she was an illegal alien and I'm not sure if she's allowing this to go on so that it helps her residence status. I've also been paying spousal support for the entire time even though we were married for only a few months. My question is how do I complete the divorce process and how do I drop the spousal support? If possible to answer what are her benefits of staying married and leaving the divorce in default.

  2. #2
    Join Date
    Jan 2008
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    1,948

    Thumbs down Re: Divorce In Default - How Do I Complete It?

    Quote Quoting Maldonado369
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    My question involves divorce in the State of: California. A divorce was started and went into default after I didn't show up to court.
    What do you mean 'default'? Was your MSA agreement final and ordered by the court?

    Quote Quoting Maldonado369
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    The ex has been using my last name this whole time
    Unless the Court restored her to her maiden name she can use that name as her own forever.

    Quote Quoting Maldonado369
    View Post
    I've also been paying spousal support for the entire time even though we were married for only a few months.
    WHY? I was married for 18 years and my support will end in a few years. You need to look at the final decree and see the specific terms for the SS end date.

    I think it is REALLY odd that you are paying SS and don't even think your divorce is final... what are you NOT telling us?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Divorce In Default - How Do I Complete It?

    Contact the court and ask the status of the case. (If you're lucky your county will have case lookup on its website.) If it has truly been five years with no action taken, I suspect the court has dismissed the case due to the lack of progress. As you defaulted, its also possible that a judgment was entered years ago.

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