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I found out that my spouse had a default hearing for us to have a divorce. Is there any way that I could have possibly been present and are there legal procedures to find out what may have been granted to be able to appeal or modify any decision made? I wasn’t aware of hearing at all and would have attended.
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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If you were served with the petition for dissolution, or accepted service of the petition, did not file a response to the petition, and if your spouse filed with the court and mailed to you an Affidavit and Application for Default, then there was no requirement that you be notified of a default hearing. If any of the above steps were not taken, in other words, if you were not served, or if you did not receive a copy of the Affidavit mentioned above, then there may be grounds to set aside the default decree. You should consult with an experienced family law attorney, and bring all the documents you received, to more fully understand your options.
Answered on Apr 15th, 2013 at 2:03 AM
If the default was entered less than 6 months ago, you can move to set it aside. You need to consult a family law attorney about how best to proceed.
Answered on Apr 14th, 2013 at 9:39 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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Your remedy is to make a motion to set aside the default. To set aside a default you need to show "good cause" to set it aside. The fact that you apparently did not receive notice of the hearing, depending upon the circumstances, is good cause as well as the standard mistake, inadvertence, surprise or excusable neglect. You do not mention the date of the hearing. Do you know if a default Divorce was granted, and if a Decree of Divorce was entered. You can ascertain these things by computer or you can go to the Family Court.
Answered on Apr 12th, 2013 at 12:21 PM
You can ask for it to be set aside based on the fact that you were not served and therefore did not get proper notice. I would consult an attorney right away. Time really matters here.
Answered on Apr 12th, 2013 at 12:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should have been noticed. Call an attorney with details now. The longer you wait, the more difficult to change a ruling.
Answered on Apr 12th, 2013 at 12:20 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You can go to the court clerk's office and obtain a copy of all the documents filed in your case. If you feel that the person who filed against you failed to notify you properly you can file a request to set aside the default. You only have 6 months from entry of default to request the set aside.
Answered on Apr 12th, 2013 at 12:20 PM
Theodora B. Fader
You should have been notified of the hearing even if you were in default.? The best way to find out what happened is to make a trip to the courthouse and review the file and docket history for the case.
Answered on Apr 12th, 2013 at 9:42 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to file a motion to set aside the default based on not being served. Do not wait. You should act quickly.
Answered on Apr 12th, 2013 at 9:37 AM