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Hi this is Tim Blanchet with divorce 661 comm, and today we are talking to you about the request to enter default form this is form FL 165 there's been a lot of confusion on when and how to file it, so we're going to discuss that here briefly this video is also embedded into our blog so if you're reading this on our blog you can watch the video, and you can also follow up by reading the article that we have this video embedded in so the request to enter default a default we should talk a little about what this is for when you file for divorce and the other party has served that date that your spouse has served marks kind of a line in the sand as far as the jurisdiction on when your case starts so if your today is November 4th 2013 so if your spouse was served today two things number one your divorce can't be finalized for six months sorry that I had to kind of go off on a tangent there six that that day that six month mark starts the day your spouse is served the other thing that starts on the day your spouse is served is the date at which you can file the request in or default now default will be filed in two particular cases number one a to default case and also what's called a hybrid or default with agreement now we're going to only talk about the default true default today because that's really where the thirty-day period comes in so let's get into this a bit the request to enter default form cannot be filed with the court until thirty days have passed from the day your spouse has been served in fact it's, so it cannot even be one day before that, so I'd even say wait 31 days wait 32 days before you submit it and here's the trick do not date the form prior to that 30 day mark it's not when you submit if it's when you date the form so let me give you a scenario we had supplied zakynthos for service after they attempted to do their own divorce, and they had tried to submit the default but what they did was they prepared the sum as a petition and a lot of the forms all in the same day they filed the case they got their spouse served but the date they put on the request dinner default was the same date that they filed the divorce paperwork obviously not 30 days had elapsed, so it means you cannot prepare this form in advance if you want you just don't date it the courts are now looking at the date on your question or default so what I'm saying is even if you have submitted your request in or default 30 days after the service, so everything is good to go, and you get it right if you dated it sooner than 30 days they will reject it just because the date on your form and the reason this is that the requesting or default has to get approved by the judicial assistant or the court clerk, and it doesn't get to them right away so when they get it they don't know when they received that form all they do is look at the double the date on the request enter default and if that date is with under 30 days they're going to reject it so just keep that in mind...
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