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motion to set aside default

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J

jjpedigo

Guest
What is the name of your state? California

My husband filed for a divorce in 1997 while I was out of state. Subsequently I missed the court date and am now in default. Unfortunately, my husband has not continued with the judgment and so I am still married.:mad: My question is are there any limitations to how long an entry of default can sit there? If not or if so, what can I do myself to get this divorce final? I am hoping someone has something they can share as I am at the end of my rope.
I had one child prior to our marriage and one with him. He has our daughter whom I pay child support for and I have my son from a prior relationship that I support all on my own. So as you can see I really cannot afford an attorney.
 


I AM ALWAYS LIABLE

Senior Member
jjpedigo said:
What is the name of your state? California

My husband filed for a divorce in 1997 while I was out of state. Subsequently I missed the court date and am now in default. Unfortunately, my husband has not continued with the judgment and so I am still married.:mad: My question is are there any limitations to how long an entry of default can sit there? If not or if so, what can I do myself to get this divorce final? I am hoping someone has something they can share as I am at the end of my rope.
I had one child prior to our marriage and one with him. He has our daughter whom I pay child support for and I have my son from a prior relationship that I support all on my own. So as you can see I really cannot afford an attorney.

My response:

All he has to do is file his Notice of Entry of Judgment and have it signed by the judge. Your "default" keeps you out of that litigation. In other words, you have no legal standing anymore to go into court and force your husband to do anything with regard to that case number. And, you waited too long to have that judgment "set aside."

However, that doesn't stop you from filing and serving him with your own action. Perhaps, by doing that, your husband will get off of his duff and file the Notice of Entry of Judgment. If that doesn't do it for him, then continue on with your action against him - - eventually obtaining your own Notice of Entry of Judgment in your action that you can get signed by the judge.

You may want to get a good "How To" book from Barnes & Noble bookstore. They have an excellent "Legal" section.

Good luck.

IAAL
 

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