QUESTION
What can I do if my soon to be ex-husband didn't respond to court paper for divorce within time due?
Asked on Aug 07th, 2014 on Divorce - Michigan
More details to this question:
I filed a default against him. He just went and filed for temporary full custody. They filed court date on the day I was supposed to file the final hearing. I thought since default was entered, he has to file for default to be removed. How is it possible that he can do this so close to my final date?
3 ANSWERS
Good lord! Do you have a lawyer? You apparently haven't got a clue as to what's going on and if you don't get a lawyer you're going to be hurt badly. The question isn't really answerable without basic civil procedure training.
Answered on Aug 12th, 2014 at 2:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need all of the papers an take them to an attorney for advice. There are too many variables to form an opinion you should rely on.
Answered on Aug 11th, 2014 at 10:29 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes if he has been defaulted he has to file a motion to overturn the default pursuant to the court rules..However in many family courts the court rules are relaxed..and the best you can probably get will be compensation for your out of pocket costs of reliance on the default (e.g. attorneys fees) You have a fight on your hands.. hire an attorney if you do not already have one.
Answered on Aug 11th, 2014 at 10:24 AM