What to do when motion to vacate the default denied?
What is the name of your state? California (San Francisco)
When I learnt the default in me for a divorce case was entered (because the other party published the summons sneakly) I filed a motion to set aside the default and quash the summons because a void marriage has been determined by the country where the marriage was originally established. But just before the hearing for my motions the other party served me a motion for spousal/child supports with a hearing date in Nov. My motion for default was denied but the motion for quash the summons was not heard by judge becasue the judge apologized for her recklessness of not realizing it's a notarized version of the decision on the void marriage made by the other country.
To respond the hearing in Nov raised by other party I filed my responsive declaraion and applied for a continuance. The court agreed to reschedule the hearing to Jan. It seems the court still want to me to participate in the the hearing (otherwise why it granted my application of continuance?), so I'm kind of confusing now, my questions are:
1. What a default entered really mean? Is it possible to quash any case by a good reason (e.g., void marriage in this case) even the default has been entered?
2. Will my case be heard with or without me (because now it seems still in default status)?
3. I didn't file any IED(Income & Expense Declaration) because I'm arguing for a proper service and the validity of the marriage) is the coming hearing for the court/other party to get my IED or to hear the void marriage issue?
4. Neither the petitioner or I lived in San Francisco county for 3 months preceeding the case was filed (3 months in the county and 6 months in California are the musts to file a divorce), however, the petitioner filed a seperation case at first to avoid the residency requirement and then changed it to a divorce case after the petitioner had lived in San Francisco for 2.5 months. Is this a good reason to quash the case also?
I highly appreciate your help!
What is the name of your state? California (San Francisco)
When I learnt the default in me for a divorce case was entered (because the other party published the summons sneakly) I filed a motion to set aside the default and quash the summons because a void marriage has been determined by the country where the marriage was originally established. But just before the hearing for my motions the other party served me a motion for spousal/child supports with a hearing date in Nov. My motion for default was denied but the motion for quash the summons was not heard by judge becasue the judge apologized for her recklessness of not realizing it's a notarized version of the decision on the void marriage made by the other country.
To respond the hearing in Nov raised by other party I filed my responsive declaraion and applied for a continuance. The court agreed to reschedule the hearing to Jan. It seems the court still want to me to participate in the the hearing (otherwise why it granted my application of continuance?), so I'm kind of confusing now, my questions are:
1. What a default entered really mean? Is it possible to quash any case by a good reason (e.g., void marriage in this case) even the default has been entered?
2. Will my case be heard with or without me (because now it seems still in default status)?
3. I didn't file any IED(Income & Expense Declaration) because I'm arguing for a proper service and the validity of the marriage) is the coming hearing for the court/other party to get my IED or to hear the void marriage issue?
4. Neither the petitioner or I lived in San Francisco county for 3 months preceeding the case was filed (3 months in the county and 6 months in California are the musts to file a divorce), however, the petitioner filed a seperation case at first to avoid the residency requirement and then changed it to a divorce case after the petitioner had lived in San Francisco for 2.5 months. Is this a good reason to quash the case also?
I highly appreciate your help!
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