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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.