I live in California, and i didn’t realize I had to respond to the petition within 30 days or I lose my right to the judgment. I’m afraid I might lose time with my kids, or have to pay a bunch of child support. The 6 month 1 day time from being served is on Aug 24th. Will the divorce be final then, regardless of the judgment being submitted?
Why are you asking the stupid people on Yahoo legal questions? DUH…..Call your attorney….DUH!
You need to check out the the Self serve section of the Superior Court of CA and see what the instructions say regarding divorce with children. Since divorce can be done now pro per meaning you do not need a lawyer to file. Usually once the divorce is decreed you have to wait to amend the or modify any where from 2 or more years. Now if it has not been decreed you can still write to the court and appear on the day of the hearing. If children are involved than depending on CA laws you have to submit income for child support so make sure you provide pay stubs with accurate gross income amounts. Also depending on how much visitation you request will affect how much child support is paid to your ex. Granted visitation and child support are two separate issues but at the same time the more visitation you get the child support will be reduced but not eliminated. It is now call Parenting Time.
Here is the text of the Rule of Appeals:
(1) The notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from, or, if a timely posttrial motion directed against the judgment is filed, whether in a jury or a nonjury case, within 30 days after the entry of the order disposing of the last pending postjudgment motion directed against that judgment or order, irrespective of whether the circuit court had entered a series of final orders that were modified pursuant to postjudgment motions. A judgment or order is not final and appealable while a Rule 137 claim remains pending unless the court enters a finding pursuant to Rule 304(a). A notice of appeal filed after the court announces a decision, but before the entry of the judgment or order, is treated as filed on the date of and after the entry of the judgment or order.
(2) When a timely postjudgment motion has been filed by any party, whether in a jury case or a nonjury case, a notice of appeal filed before the entry of the order disposing of the last pending postjudgment motion, or before the final disposition of any separate claim, becomes effective when the order disposing of said motion or claim is entered. A party intending to challenge an order disposing of any postjudgment motion or separate claim, or a judgment amended upon such motion, must file a notice of appeal, or an amended notice of appeal within 30 days of the entry of said order or amended judgment, but where a postjudgment motion is denied, an appeal from the judgment is deemed to include an appeal from the denial of the postjudgment motion. No request for reconsideration of a ruling on a postjudgment motion will toll the running of the time within which a notice of appeal must be filed under this rule.
(3) If a timely notice of appeal is filed and served by a party, any other party, within 10 days after service upon him or her, or within 30 days from the entry of the judgment or order being appealed, or within 30 days of the entry of the order disposing of the last pending postjudgment motion, whichever is later, may join in the appeal, appeal separately, or cross-appeal by filing a notice of appeal, indicating which type of appeal is being taken.
(4) Within five days after the filing of a notice of appeal, or an amendment of a notice of appeal filed in the circuit court pursuant to subparagraph (b)(4 5) of this rule, the clerk of the circuit court shall transmit to the clerk of the court to which the appeal is being taken a copy of the notice of appeal or of the amendment.
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May 31st, 2011 at 6:17 pm
why bother