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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-28-2016, 04:22 PM
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neverwhere is on a distinguished road
Default Failure to file answer (form 10)

We are almost at 30 days since the respondent was served with the application regarding spousal. She has given every indication that she will not be filing an answer and will instead just show up at the case conference date unprepared.

Has anyone actually been in this situation where the other party didn't file a response? The Family Law Rules state she will not be allowed to participate in the case any further, and that we aren't required to give her any further notices.

Or, which seems more likely to us, will she be allowed to show up for the CC date and will the judge allow her more time to file her answer?
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Old 11-28-2016, 04:33 PM
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Move forward with a 23C uncontested trial then.
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Old 11-28-2016, 05:03 PM
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Can only speak from our own experience. There was no response so when we attended court at the last minute a lawyer turned up and said they had just been retained and requested a 30 day adjournment which they were granted 20 days.

If you have written proof that the other has knowledge of the hearing and has told you by email that they have no intentions of showing up then perhaps that will be something the judge takes into account. Likely not as this is family court and there are always second chances given so it seems
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Old 11-28-2016, 05:11 PM
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Quote:
Originally Posted by Beachnana View Post
If you have written proof that the other has knowledge of the hearing and has told you by email that they have no intentions of showing up then perhaps that will be something the judge takes into account. Likely not as this is family court and there are always second chances given so it seems
Thanks, appreciate the response. I believe she has every intention of showing up, just not preparing anything. It doesn't serve her to have a spousal review, so I believe she will just keep showing up, and asking for more time.

In a previous court case, she showed up for the trial management conference without filing anything. She was theatrical, and the TMC was rescheduled. We settled custody/access, but she won't budge on the spousal.
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Old 11-28-2016, 07:24 PM
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The other party did not file an answer when I first served court documents and we went to the date and she showed up with a lawyer who stated he was just retained and needed time to answer. It was granted. On the following CC, again no answer was filed and the lawyer showed up with the answer and was allowed to file it on the court date. She will probably be allowed to participate and they will not do uncontested unless it is a habitual thing.
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