What is the name of your state? Florida.
I was recently pushed through a contested divorce quickly as if it were uncontested. I was arrested falsely during the 20 days I had to file the counter petition. On the 20th day, because I was in jail and unable to file the counter petition I had completed and notorized, my ex's attorney filed for Default. I didn't know about the Default until I was released and attempted to process my paperwork. That day, the Final Judgment was already on the judge's desk to be signed. I proceeded to fax and mail the motions and such and included a motion to set aside the default, that had already been signed.
The judge did not sign the Motion to Set Aside the Default, however, he did comment "not necessary, evidentiary hearing necessary" on the Motion to Set Aside the Default.
So I will have an evidentiary hearing soon. I was wondering if anyone can give me background on this type of hearing; what to expect, what can be brought to the attention of the judge, and what documentation would be good for me to have on me.
The only thing that is in question, really, is custody.
I was recently pushed through a contested divorce quickly as if it were uncontested. I was arrested falsely during the 20 days I had to file the counter petition. On the 20th day, because I was in jail and unable to file the counter petition I had completed and notorized, my ex's attorney filed for Default. I didn't know about the Default until I was released and attempted to process my paperwork. That day, the Final Judgment was already on the judge's desk to be signed. I proceeded to fax and mail the motions and such and included a motion to set aside the default, that had already been signed.
The judge did not sign the Motion to Set Aside the Default, however, he did comment "not necessary, evidentiary hearing necessary" on the Motion to Set Aside the Default.
So I will have an evidentiary hearing soon. I was wondering if anyone can give me background on this type of hearing; what to expect, what can be brought to the attention of the judge, and what documentation would be good for me to have on me.
The only thing that is in question, really, is custody.
