What is the name of your state? Florida
I have explained much of my situation in other posts. I am currently Pro Se until I can afford to retain an attorney.
I was recently rushed through a contested divorce as if it were uncontested. I served my ex with dissolusion papers last year. Her attorney did not answer the petition with a counter petition. Instead, she answered with a motion to dismiss. So, the the motion to dismiss was approved. Then, in the last couple of months, I was served with dissolusion papers. Within the 20 days allowed, I filled out the counter petition and other required documents and had them notarized. That same day I was arrested for "oustanding purges" as the writ was requested under the false pretense the purges were not paid. However, they were previously paid and I have the proof. I was held in jail, though, for the remainder of the time I had to file my counter petition. Therefore, I was not able to file the paperwork on time. Upon being released on a writ of habeas corpus order, I called the c.o.c. to ask where to fax the documentation. The person there informed me the final order was already on the judge's desk and had been for a couple days.
I then faxed over a motion to set aside the default issued and I have also sent over a motion to set aside the final judgment, as it too was signed by the judge.
The judge's comments on the motion to set aside the default, though he didn't sign it, were "not necessary, evidentiary hearing necessary."
Can anybody out there give me any understanding as to this decision? Can you also give me any idea of what to expect in an evidentiary hearing as I have no clue at this point. I am reading but would like to have statements from those who have experienced this hearing first hand or who knows what is expected.
I want to point out that the only thing that is in question in this case is custody. I am not questioning the divorce or otherwise.
Thanks.
I have explained much of my situation in other posts. I am currently Pro Se until I can afford to retain an attorney.
I was recently rushed through a contested divorce as if it were uncontested. I served my ex with dissolusion papers last year. Her attorney did not answer the petition with a counter petition. Instead, she answered with a motion to dismiss. So, the the motion to dismiss was approved. Then, in the last couple of months, I was served with dissolusion papers. Within the 20 days allowed, I filled out the counter petition and other required documents and had them notarized. That same day I was arrested for "oustanding purges" as the writ was requested under the false pretense the purges were not paid. However, they were previously paid and I have the proof. I was held in jail, though, for the remainder of the time I had to file my counter petition. Therefore, I was not able to file the paperwork on time. Upon being released on a writ of habeas corpus order, I called the c.o.c. to ask where to fax the documentation. The person there informed me the final order was already on the judge's desk and had been for a couple days.
I then faxed over a motion to set aside the default issued and I have also sent over a motion to set aside the final judgment, as it too was signed by the judge.
The judge's comments on the motion to set aside the default, though he didn't sign it, were "not necessary, evidentiary hearing necessary."
Can anybody out there give me any understanding as to this decision? Can you also give me any idea of what to expect in an evidentiary hearing as I have no clue at this point. I am reading but would like to have statements from those who have experienced this hearing first hand or who knows what is expected.
I want to point out that the only thing that is in question in this case is custody. I am not questioning the divorce or otherwise.
Thanks.
