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My husband did not respond to claim regarding our separation…

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my husband did not respond...
my husband did not respond to claim regarding our separation i was told i could file default what does default mean what does it cover
Submitted: 7 months ago.Category: Family Law
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Answered in 4 hours by:
9/25/2017
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,218
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Default is your way of letting the judge know that, despite being served with notice of the separation, your husband has chosen not to reply and you would like the case to proceed without him. He gets a chance to participate in the case by responding to the documents, but he can't stop you from getting a separation by ignoring them.

If you have minor children, community property, or are requesting alimony, the judge will usually hold a hearing where you explain what you are asking for and why. Community property tends to be split 50/50, even when one spouse isn't present. But the judge should accept your statement of what qualifies as community property. Since your husband won't be there, the judge will decide child custody, support, and alimony based on the information you present. As a practical matter, that means you'll probably get whatever you're asking for. Your husband will have to come to court to get the order changed if he doesn't agree with it.

This site has step-by-step instructions on requesting the default, along with links to the necessary forms.

http://www.courts.ca.gov/1233.htm

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 7 months ago
Separation pending already getting support but I have been maintaining home he abandoned me. Just want him to transfer deed to me can i request that
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Yes, you can. If he doesn't do it, you'll be able to request a hearing where you come to court with the deed and the judge will sit there and look at him until he signs it.

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Customer reply replied 7 months ago
How do I request a hearing
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Assuming you did not have a written separation agreement, follow the steps outlined here and use the linked forms:

http://www.courts.ca.gov/8409.htm

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Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Do you have any questions about this?

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Lucy, Esq.
Lucy, Esq.
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Satisfied Customers: 32,218
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