How can I respond to a court hearing if I failed to respond on time? 3 Answers as of July 28, 2011

We agreed, myself and my wife that if I don't respond to split all assets equally, after the deadline passed, my wife turned around and didn't honor the verbal agreement and now asking to keep everything. Her court hearing is 8/9 and I’m not allowed to participate because I didn't respond in time. What can I do in this case to be able to respond to the divorce and to be able to participate in the court hearing that day?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You would best retain an experienced Family Law Attorney to represent you, to file an Ex Parte Application for an Order Shortening Time to hear a Motion to Set Aside your Default and allow your Response to be filed, and to take your wife's default judgment hearing off-calendar or at least continue it. There is no time to lose, given the August 8 hearing.
Answer Applies to: California
Replied: 7/28/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You should contact a lawyer and have the lawyer file your response for you now, even if it is late so you can become involved and have legal guidance at the next court hearing.
Answer Applies to: California
Replied: 7/28/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
It's not possible to give a comprehensive answer due to missing info in your question. With that said, even if you don't file/serve a timely response, you can often times still file a late response. Even if you decided to file no response, you can and should still attend the court hearing or trial. You should absolutely show up on the day of your hearing or trial! I would strongly encourage you to immediately contact a local family law lawyer to discuss the particular facts of your case and get advice on how best to proceed. Good luck!
Answer Applies to: California
Replied: 7/26/2011
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