Motion To Set Aside Default During Divorce – Santa Clarita
Even though you are going through a divorce, it is still a “lawsuit” as mentioned on the divorce Summons. So this means there are specific steps that have to be taken to protect your interests which fall in line with most other types of lawsuits.
If you want to set aside the default in a California divorce case, it is possible. You can use our full service divorce and we will file the motion to set aside default and prepare your response or you can use our California divorce online tutorial service where we show you step by step how to file a motion to set aside default during divorce.
This includes the process of filing a Response if you want to enter the case. When you are served divorce papers, it includes a Summons.
The divorce Summons says you are being served then gives specific information about your rights to respond and when you have to do it by.
The Summons indicates that you have 30 days to file a Response, otherwise your spouse could file a default and you would lose your right to be involved in the case and the judge can make orders without you and based entirely upon the requests of the Petitioner.
So what can happen if you don’t respond to the divorce papers? As the Summons says, if you have not responded within the 30 days, the Petitioner can file a Request To Enter Default.
When the Request To Enter Default has been filed with the Court, it will be up to the judge to grant it.
Once the Request To Enter Default has been entered, you no longer can respond. The only option at this point is to file a Motion To Set Aside the Default. This is a motion you would file on a Request For Order and needs to be submitted with specific language stating the reason you did not respond.
You will be issued a court date, have to serve the motion on your spouse and attend a hearing and speak to the judge. The Judge will decide on whether to grant your request to Set Aside the default.
If the default has not been granted by the court and only submitted, you make be able to simply file a response and be okay.
We can help you file a Motion to Set Aside Default and get you a hearing to speak to the judge so you can request the default be set aside. Please give us a call for more information.