When you file for a default divorce, can you also file for custody?

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When you file for a default divorce, can you also file for custody?

Asked on July 7, 2015 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes you can. If the person who filed for the divorce (i.e. the "petitioner") is seeking child custody, child support, spousal support or division of marital property, then�they must also submit paperwork to request this. It will require the petitioner to disclose�their income and assets. It may also require that the petitioner try one once more to deliver these documents to the other part (i.e. the respondent").


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