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davidlane · Jan 10, 2009, 12:01 AM

I filed a petition for divorce, I am the petitioner. My wife file a response to the petition. There is no property or debts to be decided b the court. Now, my x-wife to be is resisting the rest of the process to trade preliminary declarations of disclosure to further the process to obtain the judgment of dissolution. If she continues not to cooperate what recourse can do I have to take? I don't know what to do.

Clough · Jan 10, 2009, 01:39 AM

Hi, davidlane!

Do you have an attorney that's helping you with this matter? If you might not have one who's helping you with this, then I would suggest getting one. An attorney who knows the laws where this is happening would be the best person to consult and to file anything further that might need to be done as far as the legal proceedings.

Thanks!

JudyKayTee · Jan 10, 2009, 07:40 AM

Originally Posted by davidlane

I filed a petition for divorce, I am the petitioner. My wife file a response to the petition. There is no property or debts to be decided b the court. Now, my x-wife to be is resisting the rest of the process to trade preliminary declarations of disclosure to further the process to obtain the judgment of dissolution. If she continues not to cooperate what recourse can do I have to take? I don't know what to do.

You - or your Attorney - go to Court for an order forcing her to comply. It's that simple. If she does not, she's in contempt.

cadillac59 · Jan 10, 2009, 10:02 PM

Originally Posted by davidlane

I filed a petition for divorce, I am the petitioner. My wife file a response to the petition. There is no property or debts to be decided b the court. Now, my x-wife to be is resisting the rest of the process to trade preliminary declarations of disclosure to further the process to obtain the judgment of dissolution. If she continues not to cooperate what recourse can do I have to take? I don't know what to do.

You sound like you are in California. This is super-easy.

Send a demand for service of preliminary declaration of disclosure (PDD) under Family Code section 2107(a). Set a 20 day time limit to receive the PDD. If you don't get it file a motion to compel and ask for evidentiary sanctions and monetary sanctions; and, if she fails to serve the PDD after the court orders it to be done (which will happen), ask the court to strike her response and allow entry of default and default judgment at a follow-up hearing.

I've done this before.