After serving the Summons as well as Petition on your spouse, they have 30 days within which to file as well as serve their Response. If they do not file their Response within 30 days, you possess the right to file a form Request for Entry of Default. When the Clerk of Court receives your Request for Entry of Default, they will verify your spouse has not filed a Response as well as if they have not they will enter default against the opposing party. as well as you’ve won, the item’s that will simple. I’m just kidding, its not definitely.
Often, entering default against the opposing party as soon as possible is usually a waste of time. I am never quick to do so. The reason is usually that will California Code of Civil Procedure section 473 provides liberal grounds to set aside a default on various grounds, including “oops I forgot.” If you rush to the Clerk’s office as well as file a Request to Enter Default, the opposing party will have up to 6 months to possess the default set aside almost as easily as you had the item entered.
Even once default is usually entered, you will have to set the matter for a “default hearing”, at which the Judge will make certain the terms of the proposed judgment you are requesting provides for a fair as well as equitable distribution of the marital estate. that will hearing will be set approximately a month away, as well as you will still have to provide your spouse notice of the hearing. Often, your spouse will show up as well as oppose entry of a default judgment as well as the Court will give him or her additional time within which to file a Response as well as appear inside the matter.
that will does not mean requesting entry of default is usually never appropriate. nevertheless the item should be reserved for situations in which the item is usually clear your spouse has no interest in participating inside the dissolution proceedings. the item is usually not intended as punishment for failing to strictly comply with time requirements.
Rather than immediately requesting entry of default against a spouse that will does not promptly file a Response, consider filing a motion for custody, support, or various other matter that will is usually not likely to be ignored. Often the filing of such a motion will compel a reluctant spouse to get off the couch, because failure to do so will result in orders being granted in your favor.
On the various other hand, there are times when requesting entry of default is usually entirely appropriate. If your spouse is usually incarcerated they may not be able to file a Response or appear. If there are no significant marital assets, a spouse may not care to appear as well as contest the proceeding. I have even had situations where a spouse wouldn’t come near the courthouse because they had warrants for their arrest as well as were afraid the deputy sheriff bailiff might check for criminal warrants (they do, as well as they will be taken out of the courtroom in handcuffs after the hearing).
So, while many people think the opposing party’s failure to timely file a Response results in victory, the item just isn’t the case. Besides, there are no victories in family law.
After Service of Summons as well as Petition