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  1. #1
    Join Date
    Feb 2009
    Posts
    5

    Default How Can I "Force" My Spouse to File His Divorce Papers

    My question involves divorce in the State of: California

    My husband filed for divorce from me in August, but for the past 6 months he has done nothing to further or finalize our divorce. I have filed my preliminary income & expense forms and the financial statement, and served him with copies. I even sent him blank copies of the forms that he needs to complete. That was on Feb 27th. I know he's not filing the financial forms because he doesn't want me to know how much money he's making (I'm asking for spousal support and he's been advised that I could get up to $1200 per month from him) or how much money he's been spending on his new girlfriend. (To get at that info, I also sent him an Interrogatories form)

    So, my question is, how can I "make" him complete and file the financial info? Should I file a Notice of Motion to force him into court, or would an Order to Show Cause be a better alternative?

    Also, the Interrogatories form says he has 30 days in which to respond and answer the questions. What do I do if he doesn't get that done? I know that there is a Code of Civil Procedures regarding the timliness of answering, but how would I go about enforcing it?

    And please don't advise me to get a lawyer. I have no money, I'm on a fixed income as I am disabled, and am on the verge of losing my house.

    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,902

    Default Re: How Can I "Force" My Spouse to File His Divorce Papers

    If you wish to compel actions that you believe are required, you bring a motion before the court asking that your spouse be ordered to take the desired actions. Similarly, if you're not receiving a timely answer to discovery, you bring a motion to compel an answer.

  3. #3
    Join Date
    Nov 2007
    Location
    CA
    Posts
    2,130

    Default Re: How Can I "Force" My Spouse to File His Divorce Papers

    Mr. KIA, you can't counterclaim on a divorce, however, SHE can move the case along herself.

    Taxes aren't due to be filed until April 15 (October 15 if he files for an extension). You can't force him to file anything and I doubt the court is going to make him file his taxes. Subpeona last year's tax information.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  4. #4
    Join Date
    Feb 2009
    Posts
    5

    Default Re: How Can I "Force" My Spouse to File His Divorce Papers

    Thank you for your input. However, I was not asking about him filing his tax returns. I was asking about the Preliminary Income & Expense Declaration (CA form FL150), and the Preliminary Schedule of Assets and Debts (CA form FL142).

    As far as me furthering the divorce, I have already filed the above, and my next step is to serve him with, and file the "Final" copies of the above. I was wanting to know where I go from there, especially if he doesn't file the above papers.

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