Do I have to respond to a divorce petition in California?
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Do I have to respond to a divorce petition in California?
Legally, you do not have to respond to your spouse’s divorce petition. However, if you fail to file a response, the court will likely grant your spouse’s requests outlined in Form FL-100. For example, the judge may use your spouse’s information to decide on the division of property, child support, or visitation.
What happens after a default judgment?
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment.
What happens after a default Judgement is filed?
If a default judgment is made, the defendant may ask the court for the default judgment to be ‘set aside’. Setting aside a default judgment means cancelling the judgment and giving the defendant time to file a defence and have the case heard by the court.
How long do you have to set aside a default Judgement?
You must do this within 28 days of the decision. For more information, see Appeals and reviews. There is no limit on the number of times you can apply but generally the court will only make a different decision if you have new information or evidence. Before asking for a review, you should get legal advice.
