QUESTION
What do I file to respond if my divorce is going into uncontested/default?
Asked on Sep 18th, 2014 on Divorce - California
More details to this question:
I responded twice to divorce (both were vacated because something was missing). I do not have money coming in and I couldn't refile so a default/uncontested matter set. I want to file a motion to set aside default. I have a legit reason for allowing the matter to get this far. Is the motion I filed the right form? I don't want to lose everything. I worked very hard for what I stand to lose. Thank you.
1 ANSWER
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If a default was entered, you should file a Motion to set aside the default at the earliest possible time as there are deadlines. If you cannot pay the Court filing fees, you can file a Request for a waiver of the filing fees. The Court's are generally liberal in granting motions to set aside defaults as the public policy of the State is for the Court to hear matters on their merits.
Answered on Sep 19th, 2014 at 12:29 PM