[RayDiant]

I have a friend (Barry) who filed for divorce, through an attorney, in July of 2008. When he finally got a hold of his attorney to find out if his divorce was final or if there was anything else she needed from him, the attorney told him that she was waiting on his wife because she had wanted some things changed in the paperwork. When Barry contacted his wife and asked her about it, she had forgotten about it (wanting some things changed) and said everything was okay the way it was written.

When Barry went back to his attorney to tell her that everything was okay, she told him that the wife needed to fill out some paperwork and would have to pay another $300+ to file.

It's been 9 months since the wife was served, isn't there a notice of default or something like that in California? Is there any way that Barry can move forward without further involving the wife since she is dragging her feet on getting to the attorney, or any attorney for that matter? There are minor children involved, no child support or alimony and they both agreed on this.

Any feed back is appreciated, just trying to get educated on the process and help out my friend.

[cadillac59]

I have a friend (Barry) who filed for divorce, through an attorney, in July of 2008. When he finally got a hold of his attorney to find out if his divorce was final or if there was anything else she needed from him, the attorney told him that she was waiting on his wife because she had wanted some things changed in the paperwork. When Barry contacted his wife and asked her about it, she had forgotten about it (wanting some things changed) and said everything was okay the way it was written.

When Barry went back to his attorney to tell her that everything was okay, she told him that the wife needed to fill out some paperwork and would have to pay another $300+ to file.

It's been 9 months since the wife was served, isn't there a notice of default or something like that in California? Is there any way that Barry can move forward without further involving the wife since she is dragging her feet on getting to the attorney, or any attorney for that matter? There are minor children involved, no child support or alimony and they both agreed on this.

Any feed back is appreciated, just trying to get educated on the process and help out my friend.

Barry certainly can enter a default and default judgment. The part about "another" $300+ filing fee for wife is nonsense: first, there's only one fee to begin with per party (if that is what you meant) and if the case is in a default status now wife can avoid the $350 filing fee anyway by allowing the petitioning party to file a Marital Settlement Agreement with the judgment (which wife would sign of course- she has to have her signature on the MSA notarized) and entering a default at the same time. W

[cadillac59]

I have a friend (Barry) who filed for divorce, through an attorney, in July of 2008. When he finally got a hold of his attorney to find out if his divorce was final or if there was anything else she needed from him, the attorney told him that she was waiting on his wife because she had wanted some things changed in the paperwork. When Barry contacted his wife and asked her about it, she had forgotten about it (wanting some things changed) and said everything was okay the way it was written.

When Barry went back to his attorney to tell her that everything was okay, she told him that the wife needed to fill out some paperwork and would have to pay another $300+ to file.

It's been 9 months since the wife was served, isn't there a notice of default or something like that in California? Is there any way that Barry can move forward without further involving the wife since she is dragging her feet on getting to the attorney, or any attorney for that matter? There are minor children involved, no child support or alimony and they both agreed on this.

Any feed back is appreciated, just trying to get educated on the process and help out my friend.

Barry certainly can enter a default and default judgment. The part about "another" $300+ filing fee for wife is nonsense: first, there's only one fee to begin with per party (if that is what you meant) and if the case is in a default status now wife can avoid the $350 filing fee anyway by allowing the petitioning party to file a Marital Settlement Agreement with the judgment (which wife would sign of course- she has to have her signature on the MSA notarized) and entering a default at the same time. We do this all the time when the parties have a full agreement (in fact I recommend it just to save the respondent the $350 fee).

If the wife is not cooperating then yes, Barry should just proceed with a default.

[RayDiant]

[/QUOTE]If the wife is not cooperating then yes, Barry should just proceed with a default.[/QUOTE]


A default on top of the MSA or since wife will probably drag her feet on getting that signed in front of a notary, just a default alone?

Your advice is/was appreciated and Thank you.

[cadillac59]

If the wife is not cooperating then yes, Barry should just proceed with a default.[/QUOTE]


A default on top of the MSA or since wife will probably drag her feet on getting that signed in front of a notary, just a default alone?

Your advice is/was appreciated and Thank you.[/QUOTE]

You either do a default with an MSA or a "pure default." You cannot do both.

If you cannot get a signature on an MSA you have no choice but to proceed by pure default. That's about it.

[RayDiant]

If the wife is not cooperating then yes, Barry should just proceed with a default.

You have been most informative. Just relayed the information you provided to my friend. He said to tell you thank you.:)

[cadillac59]

You have been most informative. Just relayed the information you provided to my friend. He said to tell you thank you.:)

Glad I could help!