What happens if my husband fails to respond to a summons for divorce? 8 Answers as of February 27, 2012

I have served my husband with the divorce paper work and child support and my understanding is that he has 30 days to respond. My question is what happens if he doesn't respond, what would the next step be? What happens?

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Law Offices of Frances Headley | Frances Headley
If he fails to respond you may file his default and proceed to get a judgment. You should consult a family law attorney or facilitator to assist you in getting all of the appropriate documents together.
Answer Applies to: California
Replied: 2/27/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
A party is not allowed to serve documents in his/her own case. Assuming that the service was properly done by somebody else, over the age of 18, your next step, if your husband fails to respond within 30 days of service (and you should wait another week to ensure that he failed to do so, considering possible mail delays), your next step would be to seek to have the Court enter your husband's default. You would best retain an experienced Family Law Attorney to represent you in your divorce.
Answer Applies to: California
Replied: 2/27/2012
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can proceed to take his default. Assuming your request to enter default is granted, and further assuming you have submitted all the proper paperwork and supporting data, then the judge should grant all the divorce related terms you've requested, including child support terms.
Answer Applies to: California
Replied: 2/27/2012
McCallum & McCallum | Barbara Eiland McCallum
Assuming you were not the one who served him, but someone else over 18 and the proof of personal service has been filed with the Court, and the 30 day has expired, you can file for a default. When the notice of your taking his default is mailed to him by the Court, and if he still fails to do anything, you can submit a default Judgment for those items you have specifically requested in your Petition for Dissolution. I must warn you that defaults can usually be easily set aside, if he requests that and submits a proposed Response. If you have listed all of the community property on your petition and you do a Judgment equally dividing the community property, your Default Judgment would usually be approved, and you would be divorced 6 months from the date of the proof of service.
Answer Applies to: California
Replied: 2/27/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should file a request for default.
Answer Applies to: California
Replied: 2/27/2012
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