what if my husband lawyer in california court keeps delaying proceeding by not show up

by Ms. Name Zemlak 5 min read

Wait the 30 days and then file a ‘default’ when he does not respond (meaning he does not file a ‘response’ with the court). If you have no issues (support, custody, If you have no issues (support, custody, division of assets & debts) then in most courts you will be divorced without going to court.

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Is your spouse trying to delay your divorce because of medical reasons?

May 13, 2012 · My husband filed for summary desolution in California on 12/2/2011. My understanding is, if everything goes according to the timeline our divorce will be final on 6/2/2012, which is just a few weeks away. If my husband agrees, can this divorce proceeding be …

What happens when you have a meeting with a lawyer?

Aug 16, 2013 · Answered on Aug 16th, 2013 at 9:52 PM. Your lawyer should be representing your interests. Talk to him in detail about the delays and why the case has not yet gone to trial and if the September date is certain or not. You can not force the other side to make an offer; they …

What can I do if my spouse refuses to take a deposition?

Apr 02, 2019 · If you are the one who files first, your spouse will be served with this news sooner or later. Instead of accepting the decision, he or she may refuse and choose to make it all the more difficult for you. The most obvious way an unrelenting spouse delays the divorce process …

Can you be reasonable without a lawyer in a divorce?

Aug 04, 2016 · Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the …

What is the longest time a divorce can take?

What is the longest my divorce can take? A. There is no set time that a divorce must be completed by. However, if a judge notices that a divorce has been sitting in the system for close to a year, a hearing will likely be set to try and finalize any outstanding issues.

What happens if spouse does not respond to divorce papers California?

If you don't file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default. The court could end your relationship or make orders about your property or the custody of your children without your input.

Why is she stalling the divorce?

A number of reasons can cause this. Your spouse may want to delay things for financial gain. Your spouse may not want the divorce or simply wants to drag it out to punish you. Your spouse may just be difficult and cannot handle the process amicably.

How do you deal with a vindictive husband in a divorce?

It's not easy dealing with a vindictive spouse during a divorce, but there are things you can do to minimize the impact of his or her actions.
  1. Remain Calm. ...
  2. Pay Attention to Your Behavior. ...
  3. Don't Stop Talking to Your Spouse. ...
  4. Consider Your Financial Future. ...
  5. Avoid Putting Your Children in the Middle.

How Long Can a divorce be pending in California?

six months
California, like many states, has a waiting period for getting divorced. Under Section 2339(a) of the California Family Code, spouses cannot finalize their divorce until six months after, “the date of service of a copy of [the] summons and petition or the date of appearance of the respondent, whichever occurs first.”Nov 5, 2017

What happens if a divorce notice is not received?

If undelivered or addressee not found, Petitioner has to seek permission from Court to explore other options like giving an advertisement in local newspapers..etc. If all these options fail, the court will proceed with Trial ex-parte (without the Respondent involved).

Can a divorce be put on hold in California?

The State of California deals with divorce cases just like other civil or legal court proceedings. If the need arises, you can get your divorce process halted by making a request to the court, or by agreement of the parties.Dec 26, 2016

How long does a divorce case stay open in California?

At the maximum, a single divorce case can take 5 years, because the petition expires after 5 years. If you have not gotten the divorce finalized within the 5-year period, you will actually need to start over and file for divorce again.Oct 11, 2018

How do you fight a narcissist in a divorce?

Divorcing a Narcissist
  1. Don't Even THINK That Your Divorce Will Be Amicable. ...
  2. Get a Strong, but Reasonable, Divorce Lawyer. ...
  3. Get a Therapist. ...
  4. Assemble Your Support Team BEFORE You Divorce. ...
  5. Get EVERYTHING in Writing! ...
  6. Stay Out of Court as Much as You Can. ...
  7. Find Ways Your Narcissistic Spouse Can “Win” ...
  8. Pick Your Battles Wisely.

How do you divorce a liar?

Divorcing a Compulsive Liar
  1. Don't: Settle for Mediation. Mediation can save you time and money — if both you and your spouse are honest, calm, and mature. ...
  2. Do: Seek as Much Evidence as Possible. The more documentation you obtain, the better. ...
  3. Don't: Assume It's Personal. ...
  4. Do: Stick to Your Convictions.
Dec 5, 2018

What should I do if my wife keeps lying to me?

If your spouse is lying to protect his or her ego, talk to him or her about your perspectives, your experiences, and your feelings surrounding the lie. Yes, you're in pain, but don't throw it in your spouse's face or try to hurt them back (even if you want to).Jun 29, 2016

How do you divorce a malignant narcissist?

Divorcing a Narcissist: Tips
  1. Don't defend yourself. Narcissists love to engage you in arguments, so don't take the bait! ...
  2. Maintain boundaries. ...
  3. It's okay to tell your kids your side of the story. ...
  4. Don't take what your ex says about you personally. ...
  5. Don't listen to advice from friends and family.
Dec 5, 2016

What to do after a lawyer meeting?

After the meeting, send your lawyer a letter setting forth the details of the meeting and the timing of when tasks will get accomplished. If ultimately you determine that your lawyer is not living up to his or her word, find a new lawyer. Finally, be active in your case.

Can you terminate a lawyer?

You have a right to decide who represents you. You can terminate your lawyer and retain a new lawyer at any time, however, the lawyer may file a lien in your case for the services they have rendered to date.

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How long do you have to wait to get divorced?

For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.

Is divorce painful?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process.

How long does it take to file a divorce complaint?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response. Couples with more complicated assets and custody issues usually have longer and more expensive divorces. Some aspects of a divorce simply take time.

Can a spouse divorce in California?

the spouse does not wish to be divorced. the spouse does not agree on issues that the parties may have. …but when it comes to divorce in California, it can be finalized even if the spouse does not want to “sign the divorce papers”, be divorced or agree on issues!

Can a spouse refuse to sign a divorce?

To make matters worse, many find themselves in a less than amicable divorce, with a spouse who may say that they will “refuse to sign the divorce papers” when they are served. For some reason, Hollywood seems to be obsessed with ‘signing Divorce papers’ and creating a variety of intrigues surrounding this task.

Is divorce stressful?

Anyone going through a Divorce can attest to how stressful and complicated the process can be. This much is obvious. Time and time again, studies have shown that getting a divorce is often one of the most stressful life events. To make matters worse, many find themselves in a less than amicable divorce, with a spouse who may say ...

What is proof of service in divorce?

The court requires a ‘proof of service’ which is a formal notification that a divorce petition has been filed. It is mandatory that service is made, but the spouse or respondent does NOT need to sign anything as the other people listed above will do that!

How long do you have to wait to serve your spouse?

Arrange for someone else (not a child of the marriage) to serve your spouse. Wait the 30 days and then file a ‘default’ when he does not respond (meaning he does not file a ‘response’ with the court).

What is a default divorce?

A ‘default divorce’ is a divorce in which the respondent (the spouse being served) does not respond i. e. he/she does not sign and file the ‘response to dissolution of marriage’ paperwork. The respondent has 30 days to ‘respond’ and once the 30 days is up, the petitioner can enter a default.

Is a divorce contested?

However, if the non-cooperative spouse decides to respond when served, then the divorce is contested. Most contested divorces end in a trial–but not all. Even if the spouse responds, an agreement on issues can still be made. This would involve a ‘stipulated judgment’ which is simply an agreement that is prepared after the spouse responds.

Divorcing a Narcissist Husband - Help for Wives and Mothers

You are divorcing a narcissist husband. You may be scared. You may be at your wit's end. Your narcissistic husband is unpredictable and reckless. You need help.

Our E-Book on divorcing a narcissist

For those who want a comprehensive and informative guide and roadmap on divorcing a narcissist, we have written an E-Book which you may acquire through Amazon.

Divorcing a narcissist husband who bullies and intimidates you

Divorcing a narcissist husband who is the higher income earner means you are likely up against bullying and intimidation.

Each of the narcissist husband's tactics are designed to strike fear and intimidate

All of these are intimidation tactics. All of these tactics are designed to cause the maximum amount of stress and attorney fees so that the wife eventually gives in and takes less than what he or she may be entitled to from the community estate.

Divorcing a narcissist husband with a simple and systematic approach

Instead, you can combat the narcissistic husband with a simple and systematic approach - use your narcissist husband's conduct against him or her.

What is contested divorce?

Many contested divorces involve sensitive issues and high emotions on both sides. If children are involved, that takes it up another level. Judges want the parties to negotiate and settle the issues between themselves. Judges don't want to decide how you live your life for you.

Do judges have to be neutral?

Yes, they are supposed to be neutral and abide the law when making decisions about your life, but judges are not machines. Maybe they should be... If your judge forms a negative opinion about you early in your divorce, you could be in for a long, stressful and dissatisfied ride. Advertisement. That being said, here are five things your divorce ...

What do judges wear?

Judges wear a trendy black robe and sit higher than everyone else, but in the end they are just a person, like you and me. That means, like you and me, they have opinions, biases and personal drama that they deal with on a regular basis.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

Is lack of communication a problem for lawyers?

Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it.

Do lawyers have to be busy?

Yes, legal practice s are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone calls or emails within a reasonable amount of time.

What do you need to know before hiring a personal injury lawyer?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.

What is the duty of a lawyer?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client.

What is zealous representation?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.