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shubha.maihar8 · Dec 1, 2011, 02:36 PM

I have filed for divorce and my husband didn't respond to it. I didn't put any claims in my petition except that community property rights be determined. Can I claim and will I get 50% of my husbands savings after marrriage in default judgement.

JudyKayTee · Dec 1, 2011, 03:18 PM

Where?

In the US you will be awarded what you requested. Your husband's total financial position will be examined.

shubha.maihar8 · Dec 1, 2011, 03:31 PM

Thanks a lot for your response. I am in CA. I didn't ask for anything in petition and I heard that without mentioning specifically in petition what all I want, I won't get anything in default divorce. I spent 2 years of all my salary as he used to save everything and I use to spend from my account so I want 50 percent of his savings or can I quote like I want 50k or 60k? Also, my jewellery is with him, can I also claim it as my separate property while applying for default judgement.

Will I get 50 percent of savings and my jewellery from default judgement.

JudyKayTee · Dec 1, 2011, 04:10 PM

I would NOT follow through with this divorce without an Attorney. That's number one.

If there is a LOT at stake I DOUBLY would make sure I was represented by counsel.

shubha.maihar8 · Dec 1, 2011, 04:15 PM

Thanks for your suggestion. I feel the same. I wanted an attorney to represent my case however the attorney said my case doesn't require it. He prepared the paper work and asked me to file the petition. He again said that he will make all the paper work of default judgement now and that I don't need an attorney hence am very confused :( . Then I talked to another attorney and she said we would need to amend the petition first. I don't want to wait another 6 months either. What would you suggest - will I get my 50 percent share from default judgement or I should go with amending the petition and filing again.Highly appreciate your help.