QUESTION: I filed for dissolution and custody and served my husband the papers. We have an OSC hearing on the 30th day after I served the papers on my husband. Will that hearing cause an issue with filing a motion for default. I’m almost positive he wont be filing an answer. I'm just wondering if the hearing is on the 30th day if he will be able to make his case in court or is he still bound by the 30 days to file an answer?
MY RESPONSE: The OSC and your husband's time to file and serve his Response to your Petition are two separate and unrelated matters. If your husband appears for the OSC, that will not affect the time for him to file and serve his Response, but until you file your Request to Enter Default, he could file his Response, even after 30 days have passed. There is no such thing as a "Motion for Default". Parties are not permitted to serve papers in their own cases. If you were the person who personally served your husband, the service was invalid. You would best retain an experienced Family Law Attorney to represent you in your divorce.
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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