Filing for Default and dealing with restraining orders

#1

Hi Cristin, Thanks for all your help I couldn’t have gone so far without your helpful videos.

I have filed for divorce with minor children and the sheriff served all paperwork along with the blank response fl120.

However instead of responding she filed for restraining order and the hearing is May 28, one day before the 30 day period to file for default.
She’s asking for full child custody (legal&physical), child support and spousal support in the dv100. I’m not sure what to do on the 31 first day, should I still file for default and will I be still able to request for joint custody as requested in the petition, what forms do you recommend in my case?

I’m low-income and I’ve been married for 12 years.

Thanks for all you do, I I really wish you the best

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#2

First, I’m so sorry that your wife reacted in such a negative way, and I hope you’re hanging in there. The most important thing for you to deal with right now is the restraining order request. That request, if granted, adversely affects custody (and likely visitation) and spousal support, at a minimum. Your sole focus should be on defending the restraining order.

Restraining orders are unique, in that they DO relate to the divorce. Orders issued in the restraining order matter blend with the divorce, and often times the cases are “associated” or “consolidated,” meaning that they are officially linked in the Court’s view. The divorce is not a way to change the restraining orders (if any are issued). Your mindset should see that these two types of cases are identical for your situation (while there are certainly important legal distinctions between the cases, in the real world, you shouldn’t feel they are different at this point in time). One affects the other, and while they’re equally important, the restraining order is the time sensitive emergency right now.

You should expect that the restraining order will deal with custody and support. Any orders issued will be upheld in the divorce action.

To specifically answer your question, there is nothing legally preventing you from taking her default; however, do understand that it’s not really something that is practical in your situation until the restraining order first gets dismissed/resolved.

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#3

Thanks for your reply, it really means a lot to me.

Today I attended the hearing and I contested it, trial is set to end of July. She got custody of kids and I can see them on weekends, child/spousal support will be determined by end of July.

Can I still benefit from filing for default divorce, at least to avoid spousal support?

May 31, 09 is 31 days since service.

I really appreciate your help.

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#4

No, filing for a default will NOT prevent your spouse from seeking spousal support. The issue is already before the court in July through your restraining order.

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