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I have a FL-180 from the court signed by a judge in my divorce. The dissoloution date has passed. My ex did not respond. I believe I am divorced and the court clerk confirmed that I have a judgement with that date/nothing pending. So unless you tell me different; I believe I am divorced. The judgement required us to sell our main home (which had equity) and I got to keep our rental (which had no equity). Our main home was sold and we split the profits; my ex took his part. Our rental I want to remodel & move into. The house is soley in my name, loan soley in my name. Down came from his inheritance; but I made all the payments during the time we did live there (he was not working), the equity for the down is gone and the "inhertance" money came from our joint account. He now wants to say I tricked him because he was sick during the divorce, didn't understand, or thought we were working it out. The divorce was a fair split $$ wise (50/50) and no assets were hidden.
4 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Under certain circumstances a party may file a Motion to Vacate Default Judgment. If a motion to do so is made within six months of the entry of default or dismissal. And if the default or dismissal was the result of the party's mistake, inadvertence, surprise, or excusable neglect, or because the court has assumed jurisdiction of the law practice of the party's attorney (California Code of Civil Procedure 473(b), 473.1); Or up to two years after entry of a default judgment where service of the original summons did not result in actual notice to a defendant in time to defend, or, if the defendant received written notice of the default judgment, within 180 days thereafter. In either case, the defendant must show that the lack of notice was not caused by the defendant's deliberate avoidance of service or inexcusable neglect (California Code of Civil Procedure 473.5). Generally, if you cannot actually claim one the above stated grounds than your motion will not be considered by the court.
Answered on Apr 14th, 2013 at 8:11 PM
He has six months from the date the Judgment was entered to bring a motion to set it aside.
Answered on Apr 11th, 2013 at 11:02 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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An appeal must ordinarily be filed within 60 days.
Answered on Apr 11th, 2013 at 9:40 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If a default Judgment was entered by the court, the Respondent has six months from entry of Judgment to file a motion to set it aside under California Code of Civil Procedure 473(b). If six months have already elapsed, then so long as he was properly served, he cannot have the default set aside.
Answered on Apr 11th, 2013 at 4:08 PM