cihld custody has been established by a judge in court, but child support has not. Can i still get divorced if child support is still pending?

If he is served divorce papers and does not respond within 30 days, can i file for default and wait 6 months for it to be finalized? I have primary custody of my 2 kids. is the default process standard for all states. I live in California and have lived here for the past 3 years and my marriage was in the state of Nevada. When he is served the divorce papers, he can either sign it and then do what with the papers? or contest it.

Asked on June 11, 2009 under Family Law, California


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your husband fails to answer your petition for divorce after he is served with the petition, a default judgment for divorce will be granted. He must answer the petition by filing a written response with the court. If he answers within the required time, then a hearing will be scheduled. At the hearing, the judge will make a determination regarding child support and any other issues that must be decided and then sign and enter a final judgment of divorce.

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