If I am currently in the process of filing for a divorce and got a request to enter default, does this mean all papers have been filed and I am legally separated?

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If I am currently in the process of filing for a divorce and got a request to enter default, does this mean all papers have been filed and I am legally separated?

Asked on January 2, 2012 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No.  Request to enter a default means you did not file a timely response (answer) to the petition filed by your spouse with the court.  When a default is entered, it means that you will have lost and whatever your spouse was requesting in the petition will be granted by the court. You needed to file an answer with the court and serve it by mail on your spouse within the time set forth in the summons.

If the default is granted by the court, a court judgment will be entered against you.  You will need to file with the court a motion to set aside the default and serve it by mail on your spouse.  If the court grants your motion, the case is then back on track and litigation will continue.


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