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  1. #1
    Join Date
    May 2009
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    3

    Default Dissolution and Default in California

    Quick run down of the facts:

    Dissolution in California

    Filed for divorce, she was served timely. She responds 35 days after service. I thought one only had 30 days to respond? Lawyer said it doesn't matter, the judge would throw out a motion to dismiss her response and a motion for default.

    Is this seriously true? She doesn't have to file a response in a timely manner, and there's nothing I can do about it?

  2. #2
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Dissolution and Default in California

    Quote Quoting Demiurge
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    Quick run down of the facts:

    Dissolution in California

    Filed for divorce, she was served timely. She responds 35 days after service. I thought one only had 30 days to respond? Lawyer said it doesn't matter, the judge would throw out a motion to dismiss her response and a motion for default.

    Is this seriously true? She doesn't have to file a response in a timely manner, and there's nothing I can do about it?
    Did you request default to be entered? They should not have accepted her response if default had been entered already.... if you didn't, well that's why they allowed her to respond.

    Ultimately, she could have done a motion to set aside the default anyway...

  3. #3
    Join Date
    Oct 2008
    Posts
    15

    Default Re: Dissolution and Default in California

    Quote Quoting CourtClerk
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    Did you request default to be entered? They should not have accepted her response if default had been entered already.... if you didn't, well that's why they allowed her to respond.

    Ultimately, she could have done a motion to set aside the default anyway...
    How long does other party have to file motion to set asdie the default? Can they do it like 1 year after intentionally because they other party to get rich in that period?

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

    Default Re: Dissolution and Default in California

    Quote Quoting supercomp
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    How long does other party have to file motion to set asdie the default?
    Depends on the circumstance
    Can they do it like 1 year after intentionally because they other party to get rich in that period?
    What?

  5. #5
    Join Date
    Oct 2008
    Posts
    15

    Default Re: Dissolution and Default in California

    Quote Quoting CourtClerk
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    Depends on the circumstance

    What?
    Sorry, what I meant to say is that: Can one party knowingly let the default go through because other party is a student NOW and does not have any assets, but 5 years down the road, file motion to set aside default and go after his assets (earned after default was granted)?

    I hope that makes more sense.

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