Default divorce, respondent in military

[Judit]

Respondent has signed the Notice and Acknowledgment. There are no children, no property, and no alimony requests. I am trying to enter the default and proceed with a declaration for default. However, I do not know what I need to do on the Request for Default form since Section 5 cannot be signed regarding respondent's non-military status since he IS in the military.

 

[calalily]

What state? http://usmilitary.about.com/od/sscra/l/blscra201.htm

 

[Judit]

California, Los Angeles County

 

[calalily]

Is he in California?
http://www.divorcesupport.com/divorce/California-Military-Divorce-Laws-2738.html
Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a California court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

- You or your spouse must reside in California
- You or your spouse must be stationed in California

Grounds for California Military Divorce

The grounds for a military divorce in California are the same as a civilian divorce.

It appears to me that Section 5 would not be signed, it would be left blank and the above criteria would need to be met to proceed with filing.

 

[Judit]

He signed the Notice and Acknowledgement stating knowledge of the divorce action. i filed the Request for Default, did not sign Section 5, and the court rejected it.

 

[calalily]

Maybe there is a different form that is used when a military person is involved and not the one you are using. Can you ask the court clerk? There should be a form for your military spouse to waive his or her rights under the Servicemembers Act.