Tuesday, January 17, 2012

IS MY DIVORCE FINAL AFTER I RECEIVE A REQUEST TO ENTER DEFAULT?

QUESTION: I am currently in the process of filing for a divorce and I want to know if my divorce has been finalized for tax purposes. I received a request to enter my default.

MY RESPONSE: No, your divorce is not finalized until a Judgment of Dissolution of Marriage has been entered. If there are issues involved in the divorce which might result in orders against your interest (such as child custody, child support, spousal support, attorney's fees, or division of community property or community debts), you should promptly consult an experienced Family Law Attorney about the risks that you face, and whether you have the time and facts available to you to support a Motion to Set Aside your Default. It is rarely if ever "safe" to allow your default to be taken - in such a case, the Court will not allow you to participate in the case, and may well consider and grant your spouse's requests for relief, even if that relief is not fair to you. It would be far wiser for you to participate in the divorce, to have the ability to make requests and influence the Judge's decisions.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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