Do I have any recourse if I failed to respond to a divorce petition? 6 Answers as of July 01, 2011

My wife filed for divorce and I failed to respond to divorce petition. Do I have any recourse or chance to vacate the default?

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Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
Yes. Depending upon the facts and how much time has lapsed since the Judgment was entered, you can seek relief from the attorney on the other side or the Court to set aside the Default Judgment. This is not an easy issue and I suggest that you consult with a family law attorney. Good luck.
Answer Applies to: California
Replied: 7/1/2011
The English Law Firm
The English Law Firm | Robert English
Generally, yes. You can file a motion to seek relief from the default. There are procedural time frames that may vary depending on your state.
Answer Applies to: California
Replied: 6/30/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Yes, you may get the default vacated either by a motion or an agreement with your wife. You should contact an attorney to assist you in preparing and filing a Motion to Set Aside the Default, particularly if a long time has passed since the Response was due. You will also be required to file a Response.
Answer Applies to: California
Replied: 6/29/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You have to move quickly to seek to have your default set aside, if your default has been entered. If your wife hasn't yet filed a request to enter your default, you should promptly file and serve your Response to her Petition. If your default has been entered, you would best retain an experienced Family Law Attorney to promptly seek to set aside your default, whether by Stipulation and Order, or by Notice of Motion. The outside limit of time to seek to set aside your default would be 6 months, but you are required to seek to set aside your default as soon as possible, and if you wait 5-1/2 months to seek to set aside your default, the Court could find that you waited too long. Be diligent in seeking the set-aside.
Answer Applies to: California
Replied: 6/29/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
It depends on how long ago your default was taken, and whether a final judgment of dissolution has been entered. Best to call a local family law lawyer for help.
Answer Applies to: California
Replied: 6/29/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    It depends upon the rules in your state. In many states you are given a period of time to set aside the default. You should be speaking to a lawyer in your city now.
    Answer Applies to: California
    Replied: 6/29/2011
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