macdaddyblake
Junior Member
What is the name of your state (only U.S. law)? Michigan
Ok - So my wife filed for divorce in Jan. 2008. We had to wait the 6 months to get divorced (July 08) , in June i went home to attempt to get an attorney but couldnt afford any of their retaining fees and no one would take payments, they all wanted it up front.
My wife filed in Michigan, I am in the US Army and stationed in Hawaii. The price to go home alone is over $1000 these days, and attorneys even more than that. I just cant afford an attorney so I have to do it myself....
I filed for a stay of the court thorugh the Servicemembers Relief Act that was good until the end of July, During that time I was trying to write up my answer to the Complaint for Divorce.
I finished the Answer and sent it in around August 15th or so.
Today in the mail I recieved a letter from my wife's lawyer saying that I had been found in Default Judgement against me.
I called the county court clerk and asked what I needed to do inorder to appeal the Default Judgement, she said I did not need to Appeal it, I just needed to file a motion to have the Default Judgement "set aside"
She said I should do the following;
File a motion to have the Default Judgement set aside
File a motion of continuence of the Stay of Court
In the motion include specifics of my intention to appear in court (in my case by telephone)
I think that was all she said I needed to do, has anyone ever had to do anythng like this or know where I can get a template for filing a motion like this? ive never had to do anything legal before so I dont really have a flawless grasp on it.
Thanks
Blake
Ok - So my wife filed for divorce in Jan. 2008. We had to wait the 6 months to get divorced (July 08) , in June i went home to attempt to get an attorney but couldnt afford any of their retaining fees and no one would take payments, they all wanted it up front.
My wife filed in Michigan, I am in the US Army and stationed in Hawaii. The price to go home alone is over $1000 these days, and attorneys even more than that. I just cant afford an attorney so I have to do it myself....
I filed for a stay of the court thorugh the Servicemembers Relief Act that was good until the end of July, During that time I was trying to write up my answer to the Complaint for Divorce.
I finished the Answer and sent it in around August 15th or so.
Today in the mail I recieved a letter from my wife's lawyer saying that I had been found in Default Judgement against me.
I called the county court clerk and asked what I needed to do inorder to appeal the Default Judgement, she said I did not need to Appeal it, I just needed to file a motion to have the Default Judgement "set aside"
She said I should do the following;
File a motion to have the Default Judgement set aside
File a motion of continuence of the Stay of Court
In the motion include specifics of my intention to appear in court (in my case by telephone)
I think that was all she said I needed to do, has anyone ever had to do anythng like this or know where I can get a template for filing a motion like this? ive never had to do anything legal before so I dont really have a flawless grasp on it.
Thanks
Blake