Published 11/06/14 by Jason Barr
The Kardashians may not be that different than you, at least when it comes to their rights when filing for a divorce. Khloe Kardashian originally filed for divorce in a California Family Law Court from her husband, NBA star Lamar Odom, over 10 months ago. Lamar was served with the paperwork, but he has failed to take any action with the family law/divorce court. According to the family law judge in the case, Khloe must now either file for a default judgment against Lamar, or dismiss the case.
Just like with divorce in Ohio, a person in California cannot prevent a spouse from obtaining a divorce by not responding to the court once sued for divorce. In Ohio an individual has 28 days to file a legal response with the Divorce court once served. If the person fails to respond, the plaintiff can seek an uncontested hearing date 14 days thereafter. At the uncontested hearing date, the judge will generally grant a default divorce against the spouse that failed to respond. This is basically what would be attempted by Khloe Kardashian if she were to seek a default judgment against Lamar.
It is very dangerous for a spouse not to appear and defend his or her rights in a divorce case. Allowing the judge to grant an uncontested divorce essentially leaves it up to the judge and your spouse to determine what is a fair distribution of marital assets and debt. It is always wise to utilize the services of the best divorce attorney/lawyer that you can locate, so that you can ensure that your interests are protected. I am sure that Lamar has been advised the same way if he has sought advice of legal counsel.