What are my options if my wife does not contest the divorce after I have served her?

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What are my options if my wife does not contest the divorce after I have served her?

I have filed for divorce and my wife was served 2 months ago. She has done nothing about it so far. We have a son together and I have physical custody. What happens next? Does she have any say about the divorce anymore since her 30 days have already passed?

Asked on February 14, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issues of custody and support bother me here and I want to make sure that you have custody legally - by agreement or court order.  Just to protect yourself and your son and his world as he knows it now.  Now, if she has not answered the complaint she is in default.  You need to move for an order of divorce based upon the default.  Again, you need to make sure that the court will grant you custody on default and a distribution of assets.  Please get legal help.  Good luck. 


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