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I filed for a divorce from my cheating husband which he was doing for 3 years. I filed for a divorce Pro-Se and he never responded to the petition after being served by a Sherriff. We had 8 children together, although our last son was a still born due to a cord accident and 3 months later I found about his ongoing affair. The court date is set for May 11, 2014. In my divorce filing I charged him with Adultery and Constant Marijuana use. He said he was going to make this divorce a living hell for me. But since he did not respond, can he still fight the divorce?
4 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Yes, Default's are very easy to set aside, just about any excuse will do.
Answered on Sep 02nd, 2015 at 7:32 AM
If he was properly served and the court entered a final judgment without him being there the judgment will still be final. Unless you violated some civil procedure you should not have anything to be concerned about.
Answered on Sep 02nd, 2015 at 6:57 AM
Marriage & Prenuptials Attorney serving San Diego, CA
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Marcus Family Law Center, P.L.C.
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The question refers to a court date in 2014, I assume this is a typo. California is a no fault state so his adultery is not relevant to the court and would not be of importance in a Dissolution. As far as the Default goes, as long as he responds before the default is taken the default will not be entered. However, a Dissolution is a right in California, being a no fault state, and a party does not have to show cause for a divorce. The divorce will eventually go through and the courts will not take kindly to unnecessary delay.
Answered on Sep 02nd, 2015 at 1:45 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I don't understand when you say the court date is but the date was 1 1/2 years ago.
Answered on Sep 01st, 2015 at 9:42 PM