What to do if I was served almost 2 years ago but did not do anything about the divorce or respond?
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What to do if I was served almost 2 years ago but did not do anything about the divorce or respond?
Neither me nor her showed up for the 6 month court date (2 months ago). She informed me the there is a new court date in 6 months, however she is under the impression that because 6 months have passed, she can go to the court and have the marraige dissolved without any imput or contestation on my part, and further, that the judge will dissolve the marriage and stipulate that the assets, custody, and child support be worked out at a later time. Is this possible? If so, besides getting a lawyer, how does one protect themselves in this situation?
Asked on January 3, 2013 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
When you fail to answer a summons and complaint the party that serves the pleading - here your wife - can obtain a "default" against you and proceed to ask the court for the relief requested. Here, the divorce. So she can probably get the actual marriage dissolved and yes, the court will decide the other issues later on or at the hearing. And if you fail to appear there it could work against you. I would go to court and file an answer. The I would speak with an attorney asap. Good luck.
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