What happens if a request to enter default is not filed? 3 Answers as of February 10, 2017

My husband filed for divorce six months ago, but we are trying to work things out. If he doesn't file a Request to Enter Default, will that buy us more time or will the divorce be automatic at six months?

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Family Legal Ease
Family Legal Ease | Rivka Israel, Esq.
A court will not enter a divorce judgment on it's own. If no one appears in court and nothing is filed the court generally will send out a notice to appear with a hearing date for the parties to appear in court and inform the court of the status of the case. A default can only be filed if the respondent has not filed their Response. The best thing to do when parties are attempting to reconcile is for the parties to appear in court and let the court know that they are trying to reconcile and to set out the next status conference for 6 months out. For a more complete answer as relates to your specific case you should contact an attorney.
Answer Applies to: California
Replied: 2/10/2017
Peyton and Associates | Barbara Peyton
It will not be finalized without further action by one or the other of you.
Answer Applies to: California
Replied: 2/9/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The divorce is not automatic. Filing a request to enter default starts the process to proceed without your participation in the divorce action. The safest bet would be to file and serve an answer so if things don't work out on trying to settle between yourselves, your right to proceed in the divorce is protected.
Answer Applies to: California
Replied: 2/9/2017
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