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  1. #1

    Default 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?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default 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.

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