Could someone fight a default divorce? 5 Answers as of September 02, 2015

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?

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Law Office of Martin A. Kahan | Martin A. Kahan
CA is a no fault divorce state. If one spouse wants a divorce, they get it.
Answer Applies to: California
Replied: 9/2/2015
Law Office of Robert E McCall | Robert McCall
Yes, Default's are very easy to set aside, just about any excuse will do.
Answer Applies to: Florida
Replied: 9/2/2015
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
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.
Answer Applies to: Florida
Replied: 9/2/2015
Family Legal Ease
Family Legal Ease | Rivka Israel, Esq.
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.
Answer Applies to: California
Replied: 9/2/2015
Diane l. Berger | Diane L. Berger
I don't understand when you say the court date is but the date was 1 1/2 years ago.
Answer Applies to: Nebraska
Replied: 9/1/2015
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