Is there a motion to stop a default judgement in my divorce?

Question

I failed to respond to divorce papers after being told by my wife’s lawyer "If I cooperated I would not have default papers filed". I was emotionally ill and wasn't able to file. My court date is 2 days from now and they want to take my home! Her lawyer sent me a letter saying she (my wife) wanted no part of the home?

Brad Micklin · Answer

Yes, you can file a motion to vacate a default judgment.  You have to demonstrate 2 things: that your neglect in not answering the complaint is excusable under the circumstances and that you have a meritorious defense. You can make the argument that your excusable neglect was due to the fact that you were ill and your wife's attorney sent the letter saying she wanted no part of the home, and your meritorious defense is that it would be unfair for you to lose the house without the opportunity to respond.

Amber James · Answer

You need to be in Court tomorrow and ask the Judge to set aside the default judgment.  Then, you need to get an attorney to represent you in this matter as soon as possible.

Joanna Mitchell · Answer

Yes, you need to appear for the hearing and ask for the default to be set aside. You really should consider hiring an attorney to assist you.

Anne Howard · Answer

Show up in court. Tell the judge you want time to respond and get an attorney. Do not trust the other attorney.

Cathy Cook · Answer

You need to participate in your divorce if you don't want the court to rule against you.  Ideally you should retain an attorney to assist you. At the least, you should attend the next court date & inform the court you want property divided equitably.

Debra Crawford · Answer

There is a motion that can be filed to set aside the judgment and also the default judgment. Was the default entered less than 6 months ago. You should contact an attorney immediately

Michael Paul Vollandt · Answer

File a motion to set aside the default and default judgment, in any. If you do that you must also file your response along with the motion.

John Kirchner · Answer

You can stop a default divorce by simply showing up at the scheduled hearing.  The judge may or may not postpone the hearing if you ask for more time, so you would to be prepared to present your side of the case just in case he won't give you more time.

James Weiner · Answer

Hire an attorney immediately and show up. Especially be prepared to show the court the attorneys letter that says that she does not want the home.

Tina Fox · Answer

If you court date is 2 days away, yes, we can stop the proceedings or at least delay, but you must act fast.

Cassandra Savoy · Answer

You need to find a lawyer who can review the papers and give you sound legal advise.

Frances Headley · Answer

You can motion the court to set aside the default.

Barbara Peyton · Answer

Yes.  File a Request For Order to have default set aside on the grounds of mistake, inadvertence, excusable mistake or misrepresentation by the other side's attorney. Go to the self-help window at your County court house for assistance.

Glenn Tanner · Answer

see an attorney asap. File a notice of appearance and response to the petition asap.

Leonard A. Kaanta · Answer

You should appear and ask the judge to set aside the default.

Yahima Suarez · Answer

A motion to set aside the default needs to be filed and presented to the judge for a decision.  The above information is provided for informational purposes only and shall not be construed to constitute legal advice.

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Is there a motion to stop a default judgement in my divorce?

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