QUESTION
Is laches available to stop motion to set aside if disso judgment was taken by default and now 2 years later OP claims PDOD's were served by e-mail?
Asked on Dec 20th, 2012 on Divorce - California
More details to this question:
He has participated in several hearing regarding custody relating to the judgment in the 18 months since judgment was entered.
3 ANSWERS
Immigration Law Attorney serving San Jose, CA
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Ahluwalia Law Professional Corporation
Your question is unclear. You don't state sufficient facts to enable an attorney to respond properly.
Answered on Jun 21st, 2013 at 12:49 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
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See an attorney latched isn't the right argument. There are code sections to make your legal argument.
Answered on Dec 21st, 2012 at 1:45 PM
Child Custody Attorney serving Milwaukee, WI
at
Zales Law Office
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Two years is close to the edge of whether the doctrine of laches - use your rights or lose them - would apply. It is definitely worth making the argument as it may well prevail and stop the other side from what they are trying to do.
Answered on Dec 21st, 2012 at 1:45 PM