-
Defaulted Divorce
My question involves a marriage in the state of: California
What are the consequences of a defaulted divorce? I filed my response late, only because I did not have the required $435 to file. I did not know until recently that I could apply for a fee waiver. My ex already filed a default on me, and when I filed I still was not eligible for the fee waiver. She is asking for alimony, and how is that determined? My income only covers the cost of my rent and other bills each month and can not afford alimony.
Apparently my ex got a phone call stating that she needed to be in divorce court today, I was not invited. I assume because of the default. But is there anyway to fix this or am I just screwed?
-
Re: Defaulted Divorce
Have you actually checked the court's docket to see if your case is actually scheduled?
Rule #1: Never trust your ex's legal advice.
Seriously - never.
-
Re: Defaulted Divorce
If the default has been entered, then you lose. You have no right to answer and therefore the only things to be considered are the things that she asked for.
You can file a motion to set aside the default, but you still have to pay $435 plusthe fee for the motion so make sure you walk in the courthouse with about $500 cash.