What does it take to get a default ruling in a divorce case? 3 Answers as of March 30, 2011I have been attempting to conclude my divorce case by asking for a default judgment from the court. My wife has not responded and I have supplied the court with my support proposition for our two children but not a spousal support plan since she makes more than me. The court still has not granted the divorce. What should I do?
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Nothing is automatic. You will need to file a request to enter your wife's default [FL-165, and the documents addressed in it], if you haven't done so already. Only after the Court enters her default can you file a request thatthe Court set a default hearing. Once the Court sets a default hearing, you will need to appear and testify at the default hearing. You should check your County's rules regarding the particular document that you will need to file to request a default hearing. In Los Angeles County, that document is a Request for Default Setting, form FAM-031.
Answer Applies to: California