Legal Question in Family Law in California

What are the dangers to a non-respondent in a default divorce?

My wife and I recently separated and we have agreed on the division of our property (cars and furniture). All paperwork has been signed transferring the vehicles and car loans, etc. to each other as agreed upon. I do not want a divorce but my wife will most likely file. If she does file and she asks for nothing else in the petition besides the marriage dissolution and change of name, do I have to respond? I know that she will be granted the divorce regardless, and because there are no financial or property issues left, I won't contest it. But are there other legal ramifications I'm unaware of if I don't respond and it just goes to default?

Thank You


Asked on 3/07/11, 1:20 pm

1 Answer from Attorneys

Just because you have sorted out your issues does not mean the court thinks so. The property division you have agreed on will have to be made part of the divorce judgment. If you default, she would be free to change her mind and change the property division, unless you have a properly executed Marital Settlement Agreement. You can proceed with a default divorce, but you need to cover your back-side. Pick up a copy of Nolo Press' book "How to Do Your Own Divorce In California." It provides easy to follow instructions for how the two of you should proceed to implement your mutual intentions while protecting each of you.

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Answered on 3/07/11, 1:49 pm


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