There are few cases when a default judgment should be granted without serving the respondent with divorce papers, but it is possible. Under certain circumstances, if a default judgment is entered against you and you have not been served with divorce papers, you may file a motion to set aside the default judgment that has been entered against you. However, depending on the specifics of your case, the process may vary. You should always discuss the details of your case with a qualified divorce attorney before taking legal action.
There are many reasons why a couple would opt for a legal separation in lieu of a divorce in California, even if they plan to divorce eventually. In fact, it can make for a quicker and less costly divorce process. So, how do you move from being legally separated to legally divorced in California? What is the difference between a legal separation and a divorce? Why do some people choose one over the other, and why do some people choose both?
When you file for a divorce in California, your first steps after finding a lawyer include filling out and filing a divorce petition and some additional paperwork with the court, and then serving the petition on your spouse or partner. In most cases, your spouse has 30 days from the date he or she was served to respond to your petition. (Military divorces and special circumstances can extend this deadline.) In those 30 days, your spouse has several options for what to do. Based on which of the following he or she chooses, you can determine how to move forward.
If you want to play it safe, then dating before the divorce has been finalized is not a good idea. However, whether or not it will affect the outcome of your divorce can vary based on your judge, your spouse or partner, your children, and your level of discreetness. Dating prior to the finalization of your divorce does have the potential to affect your divorce, even though California has a no-fault divorce option.
The other party is in the military and I cannot find them, what can I do to move the case along in California if I cannot locate them? When divorcing an active member of the military, you and your spouse may already face obstacles that civilians may not face during a divorce. If your spouse is overseas, you may wonder if you can even file for divorce in California. How will child support or custody and visitation work with a military member who is currently abroad? What about the financial benefits of marriage to a member of the military?
When you decide to file for divorce in California, your spouse or partner has a legal right to be made aware of the divorce proceedings, and you cannot get a divorce without making a reasonable attempt to let the other party know. There are several ways you can go about informing your spouse or partner of the action against them; it is called serving divorce papers. The method of service that you choose can depend on several factors, including your current relationship with your partner or spouse, his or her whereabouts, or whether or not you know where your spouse or partner currently lives.
Understanding the divorce process can be difficult if you do not have a background in law, and making a mistake can be costly. Divorce affects almost every aspect of your life, from your family and friends to your finances and sometimes, your career. Whether you and your spouse know that you are getting a divorce or you decided on your own, the first step in the divorce process is serving your divorce petition on your spouse. At this point, your spouse will need to find his or her own legal representation and file a response. You and your divorce attorney can work on the next steps from your end even if your spouse has not responded.
Getting a Divorce in Orange County California Without an Attorney, is it wise? Is it Wise, Getting a Divorce in OC California Without an Attorney? As with most legal situations, it is always advisable to consult with a qualified divorce attorney during your divorce at the very least. However, depending on how you decide to handle your divorce following your initial consultation, you may be perfectly fine without an attorney, or with very little contact with one.
FAQ: I live in Orange County, California Are There Benefits to Filing for Divorce First? Are There Benefits to Filing for Divorce First in California? There are some benefits in California to being the spouse who files for divorce first, but due to the state’s no-fault divorce law, there are no serious drawbacks to being the one who is served with divorce papers.