How do I have a default vacated? 5 Answers as of April 12, 2011

My husband filed for divorce in 2008. I did not realize it because I was never served. Now I have received a letter from the court that a request for default was filed. That's how I found out that he had filed. I received the letter about the default in February. I have been trying to raise money but cannot. Now I must try to file on my own because I have no money for an attorney. My husband was my sole support as I was a stay at home mom for the last 10 years. Married 16 years. Can someone advise what forms to use? Any advice would be welcome. Please help. This is so wrong.

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You should still contact an attorney. If your husband earns more money than you, he would likely be responsible for your attorney fees. Please feel free to contact our office for more information.
Answer Applies to: California
Replied: 4/12/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
File your Response to his Petition ASAP. You can go to the court and get the forms. You will then also want to file an Order to Show Cause requesting financial support and attorney fees from your husband.
Answer Applies to: California
Replied: 4/11/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Under the facts that you state, you should file a Motion to Set Aside your (alleged) Default,or in the alternative,to Quash Service. However, there is much more that you need to do, in addition to setting aside your default or quashing service. You may be able to get assistance through your local Superior Court's self-help clinic. You should try to borrow money from family or friends to enable you to retain an experienced Family Law Attorney. If you can't find an attorney to represent you without your paying a significant retainer fee, you maybe able to find an attorney to represent you on portions of the case on a limited scope basis, to file an Order to Show Cause for attorney's fees and costs, to set aside your default and for Spousal Support. If you are awarded attorney's fees and costs of sufficient amount, you may be able to retain an attorney on a full-service basis.
Answer Applies to: California
Replied: 4/11/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
A motion to set aside the default will allow you to file a Response. In California, every county has a family law self help center that offers free assistance. You can also contact your local bar association for a possible pro bono attorney.
Answer Applies to: California
Replied: 4/11/2011
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