California Divorce Laws - Appealing Default Divorce
The order of a superior court is not necessarily the final word. A dissatisfied party may file
an appeal subject to various restrictions, including the following limitations which are applicable to
California divorce laws:
- A motion must be filed with the superior court requesting reconsideration and request a
post-trial order to change the judgment. The most common post-trial motions request a new trial, and
additionally, request JNOV (judgment non obstante verdicto) which is a judgment not withstanding the verdict.
Courts routinely receive both motions simultaneously, yet seldom conduct simultaneous hearings to resolve both
issues.
- California divorce laws incorporate the Code of Civil Procedure. One of the elements of
perfecting an appeal requires that a dissatisfied party file notice of intent to request a new trial within 15
days from the time the clerk mails or another party serves the judgment. Likewise, notice must also be filed
within 15 days indicating intention to request JNOV.
The 15 day deadline required by California divorce laws is sever when compared to other states.
Attorneys must review the trial transcript (several days delay for preparation and receipt)), research valid
reasons and precedent in support of motions, file notices with courts and ensure proper service, all within 10
business days. Once a trial verdict is rendered, the race is on, and many unwary California divorce attorneys
fail to timely serve these required notices in every case which prevents appeal should a client reconsider
further action. After exhausting these superior court options for review, California divorce laws permit
dissatisfied parties to proceed with filing an appeal with supporting briefs.
California Divorce Laws - Default
2335.5. In a proceeding for dissolution of marriage or legal separation of the parties, where the judgment
is to be entered by default, the petitioner shall provide the court clerk with a stamped envelope bearing
sufficient postage addressed to the spouse who has defaulted, with the address of the court clerk
as the return address, and the court clerk shall mail a copy of the request to enter default to that spouse
in the envelope provided. A judgment of dissolution or legal separation, including relief requested in the
petition, shall not be denied solely on the basis that the request to enter default was returned unopened
to the court. The court clerk shall maintain any such document returned by the post office as part
of the court file in the case.
| California Divorce Laws - Common Questions |
- For a default divorce appeal, California divorce laws require compliance with the rules of Civil
Procedure. To appeal default divorce, California requires notice even though the whereabouts of the
defaulting party remain unknown.
- After a default divorce, California divorce laws recognize orders with the same force and effect as
contested orders issued after notice and argument.
- Indian divorce law requires compliance with state of California divorce laws, despite federal
jurisdiction over reservations.
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| California Divorce Laws - Assistance |
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