CA SOers

[pinkdutchtulips]

in the ever fun divorce process and for those of you who didn't file their income/expense decs w/ the original paperwork -- if you filed that after the original petition, did you count 30 days from when you late served them w/ the income/expense dec to file their default ?

him responding period is unlikely BUT I want to make I do this right to avoid any potential nightmares down the road.

[berbles]

I think we filed everything together so I am no help. Sorry

[berbles]

www.cadivorce.com/tools-resources/divorce-timeline/

www.courts.ca.gov/1225.htm


Do either of these help?

[calle28]

That sounds.. complicated. Sorry. We filed everything together too. Are you using a lawyer?

[pinkdutchtulips]

its not as complicated as it sounds ... he was served w/ the petition 30 days ago and has yet to respond .. another 30 days from service of the income/expense dec isn't going to kill me

there isn't any joint property/assets and I'm requesting the custody order per the restraining order and criminal protective orders (me 100%, him 0% w/ no visitation supervised OR unsupervised) w/ no requests for spousal and/or child support.

[berbles]

Oct 16, 2014 16:36:26 GMT -5 pinkdutchtulips said:

its not as complicated as it sounds ... he was served w/ the petition 30 days ago and has yet to respond .. another 30 days from service of the income/expense dec isn't going to kill me

there isn't any joint property/assets and I'm requesting the custody order per the restraining order and criminal protective orders (me 100%, him 0% w/ no visitation supervised OR unsupervised) w/ no requests for spousal and/or child support.

None?  At all?

Cars?  Debt/credit cards?  Expensive electronics?  

We were told to declare almost everything that was worth any money.  And I felt like, the more stuff we listed, the better, so that there wouldn't be anything to dispute later.

That said, I realized a few months ago that I forgot to list my ipad.  Whoops.


ETA: Are you talking about the asset declaration?  That document isn't "required" in order for the process to proceed, so I think you're in the clear now.

[pinkdutchtulips]

Oct 16, 2014 17:49:34 GMT -5 berbles said:

Oct 16, 2014 16:36:26 GMT -5 pinkdutchtulips said:

its not as complicated as it sounds ... he was served w/ the petition 30 days ago and has yet to respond .. another 30 days from service of the income/expense dec isn't going to kill me

there isn't any joint property/assets and I'm requesting the custody order per the restraining order and criminal protective orders (me 100%, him 0% w/ no visitation supervised OR unsupervised) w/ no requests for spousal and/or child support.

None?  At all?

Cars?  Debt/credit cards?  Expensive electronics?  

We were told to declare almost everything that was worth any money.  And I felt like, the more stuff we listed, the better, so that there wouldn't be anything to dispute later.

That said, I realized a few months ago that I forgot to list my ipad.  Whoops.


ETA: Are you talking about the asset declaration?  That document isn't "required" in order for the process to proceed, so I think you're in the clear now.

no I'm not talking about the asset dec, I'm talking about the income expenses one where I list my income and what my expenses are and if I'm seeking any child support, the kid expenses. he doesn't work and I don't see him working anytime in the near future.

no joint property or assets.

my SL predate the marriage and have always been separate property - no other debt

he sold off ALOT of the electronics when we split to fund his habit and drained the retirement accts before we split.

I purchased my car in cash after we split.

keep in  mind, my ex is a homeless/couchsurfing substance abuser. if he at all cared, he would have filed a responsive pleading by now.

[berbles]

Oct 16, 2014 18:13:38 GMT -5 pinkdutchtulips said:

Oct 16, 2014 17:49:34 GMT -5 berbles said:

None?  At all?

Cars?  Debt/credit cards?  Expensive electronics?  

We were told to declare almost everything that was worth any money.  And I felt like, the more stuff we listed, the better, so that there wouldn't be anything to dispute later.

That said, I realized a few months ago that I forgot to list my ipad.  Whoops.


ETA: Are you talking about the asset declaration?  That document isn't "required" in order for the process to proceed, so I think you're in the clear now.

no joint property or assets.

my SL predate the marriage and have always been separate property - no other debt

he sold off ALOT of the electronics when we split to fund his habit and drained the retirement accts before we split.

I purchased my car in cash after we split.

Well then.  YAY!  That should make it easier.  You don't have to agree on anything.

Jewelry?  That was an argument with XH.  He wanted me to inform him and probably split the money if I sold my rings.  I made sure that the asset declaration gave him half of the wedding band ($) but that the engagement ring ($$) was 100% mine.  


ETA - either way, it shouldn't matter.  The asset declaration doesn't have to be "served" the way the petition does.

[1confused1]

I feel like I've been hit by a bus, such an emotional day. I promise to respond tomorrow.

[1confused1]

Oct 16, 2014 15:43:23 GMT -5 pinkdutchtulips said:

in the ever fun divorce process and for those of you who didn't file their income/expense decs w/ the original paperwork -- if you filed that after the original petition, did you count 30 days from when you late served them w/ the income/expense dec to file their default ?

him responding period is unlikely BUT I want to make I do this right to avoid any potential nightmares down the road.

He has 30 days from the date of service of the dissolution of marriage filing to respond. If he hasn't responded, you can file for a default judgment.

Are you asking for child support? Is he asking for spousal support? I would get your income and expense declaration filed soon. If you want to waive spousal support and his ability to come back and try and get it, make sure that is in your filing.

[pinkdutchtulips]

Oct 17, 2014 9:03:52 GMT -5 1confused1 said:

Oct 16, 2014 15:43:23 GMT -5 pinkdutchtulips said:

in the ever fun divorce process and for those of you who didn't file their income/expense decs w/ the original paperwork -- if you filed that after the original petition, did you count 30 days from when you late served them w/ the income/expense dec to file their default ?

him responding period is unlikely BUT I want to make I do this right to avoid any potential nightmares down the road.

He has 30 days from the date of service of the dissolution of marriage filing to respond. If he hasn't responded, you can file for a default judgment.

Are you asking for child support? Is he asking for spousal support? I would get your income and expense declaration filed soon. If you want to waive spousal support and his ability to come back and try and get it, make sure that is in your filing.

I'm not asking for child support and I doubt he'd be awarded spousal support if he requested it - yes I made more the last 18 months of our marriage but he outearned me 2-3x the remainder of the marriage.

in a cya move i'll file my income expense dec ..... in the petition I asked that spousal support NOT be awarded (that infamous little box ....)

yesterday was 30 days .. and crickets

[1confused1]

I would file for a default motion if I were you.

[pinkdutchtulips]

Oct 17, 2014 13:31:19 GMT -5 1confused1 said:

I would file for a default motion if I were you.

I plan on it .. get it over with ASAP .. ironically six months +1 day of him being served (the fastest you get a divorce in CA) is what would have been our 8th wedding anniversary  

it keeps it simple -  married on 3/17/07, divorced on 3/17/15 eek !

[berbles]

Oct 17, 2014 14:01:28 GMT -5 pinkdutchtulips said:

Oct 17, 2014 13:31:19 GMT -5 1confused1 said:

I would file for a default motion if I were you.

I plan on it .. get it over with ASAP .. ironically six months +1 day of him being served (the fastest you get a divorce in CA) is what would have been our 8th wedding anniversary  

it keeps it simple -  married on 3/17/07, divorced on 3/17/15 eek !

I was hoping mine would end up like this.  Is that weird?

But the courts are always backed up, so the decree didn't get signed off until 3 weeks or so after our anniversary.

[pinkdutchtulips]

Oct 17, 2014 15:15:47 GMT -5 berbles said:

Oct 17, 2014 14:01:28 GMT -5 pinkdutchtulips said:

I plan on it .. get it over with ASAP .. ironically six months +1 day of him being served (the fastest you get a divorce in CA) is what would have been our 8th wedding anniversary  

it keeps it simple -  married on 3/17/07, divorced on 3/17/15 eek !

I was hoping mine would end up like this.  Is that weird?

But the courts are always backed up, so the decree didn't get signed off until 3 weeks or so after our anniversary.

i'll just be happy when it gets signed off on ...

[alleinesein]

Oct 17, 2014 15:15:47 GMT -5 berbles said:

Oct 17, 2014 14:01:28 GMT -5 pinkdutchtulips said:

I plan on it .. get it over with ASAP .. ironically six months +1 day of him being served (the fastest you get a divorce in CA) is what would have been our 8th wedding anniversary  

it keeps it simple -  married on 3/17/07, divorced on 3/17/15 eek !

I was hoping mine would end up like this.  Is that weird?

But the courts are always backed up, so the decree didn't get signed off until 3 weeks or so after our anniversary.

Really?? My decree was signed off on in August 2013 and the divorce wasn't official until November 2013. Maybe my county didn't have a backlog.