In a dissolution of marriage, the Respondent is in default if, within the 30 days allotted to respond to the Petitioner, he/she fails to file a response or appropriate responsive motion.  A case cannot proceed to default hearing and default judgment until Respondent’s default has been entered by the clerk.  A Family law default judgment may only be granted for the specific relief requested in the petition served on Respondent; that portion of a default judgment exceeding the scope of relief requested in the petition is void and subject to attack.  In a default proceeding, child and/or spousal support cannot be ordered by default judgment where the petition did not put Respondent on notice that support was at issue in the Petition.  In Orange County the court will require the Petitioner to appear at a default prove up hearing.  On the other hand, in Riverside, the there is no hearing required, and everything is submitted by paperwork.  As you can see, there are many requirements involved in default proceedings and many rules and timing requirements that must be met.

It is important to seek a knowledgeable family law attorney to assist you with the court programs available to help you with your divorce.   Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a dissolution of marriage, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.