What is a true default divorce in California?
What is a true default divorce in California?
The Judicial Branch of California indicates that a true default occurs when a spouse who is served with divorce papers does not respond and the couple does not have a written agreement in place dictating the terms of a divorce settlement.
How long does a default divorce take in California?
Typically, married couples take at least six months to take all necessary steps to get a divorce in California, such as filing and serving various documents. However, some divorces can also require attending court hearings and conducting necessary discovery.
What is a true default divorce?
To be considered a “true default” divorce (as uncontested divorces are often referred to as default divorce), it actually means that one party petitioned for divorce and the other side (the respondent) did not respond to it in the necessary time frame.
How do I file a default judgment for divorce in California?
If you haven’t filed your Request to Enter Default (form FL-165) yet, you can file it when you turn in your judgment paperwork. You will need one envelope, with postage, addressed to your spouse. The clerk will use this to mail your spouse a filed copy of the Request to Enter Default.
How can a default divorce be overturned?
Setting Aside a Default In most cases, you must file your motion to set aside a default within six months of the date the default judgment was entered. When you file the motion, the court clerk will set a hearing date where both you and the plaintiff will be allowed to present evidence.
What is the 10 year marriage rule in California?
California is one of a few states where you can benefit in alimony payments from staying married 10 years or longer. In this situation, the spouse earning less income retains the right to be paid alimony for as long as he or she needs, and as long as the paying spouse can pay.
