Legal Question in Family Law in California

I have not received my husband's Response, nor any other paperwork regarding our divorce, from his attorney, though my Summons was filed on 07/18 and served by the sherrif on 07/21.

At the OSC hearing on 08/21, where my husband, his att'y & I (I have no $ for a lawyer) came to an agreement on spousal support, the attorney first claimed I should have received the papers and he had filed them 10 days before. Later, he apologized, saying someone at his office had made an error on my address and he would make sure they were re-sent.

On 08/26 and 08/28 I called the att'ys office to let him know I STILL have not received ANY paperwork from him/my husband. Other than the secretary, have had no contact of any sort from the att'ys office.

Is there something I should file or do with the court regarding this? My husband likes to play power/mind games, and this feels like the same-old, same-old.

Any suggestions would be appreciated.

Thank you.


Asked on 8/29/09, 6:18 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

You could notify the attorney that you will soon be moving for default judgment against his client for failure to file a Response. That will get his attention quick, since his client will get a default judgment and lose, and he does not want that. If you still do not receive anything after that in a week or so, then be prepared to file for default for real. But the lawyer most likely will not allow it to get to that point. You need to get your own lawyer by the way once this attorney gets on the ball and starts swamping you with legal procedures.

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Answered on 8/30/09, 9:09 pm


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