Divorce Default Judgment Options

Summary

If you were served divorce papers over 30 days ago in California, you might face a default judgment. You can file a motion to set aside the default judgment, explaining your reasons for not responding on time and outlining your defense. California courts prioritize the childs best interests in custody cases and divide property equally as a community property state. Consider consulting a local attorney for guidance on filing the motion and addressing child custody and property division concerns.

Full Conversation

A divorce..after 20yrs.
I'm sorry to hear that, James. Divorce can be complicated, especially after a long marriage. Are there any children involved or significant assets that need to be divided? This will help me provide more accurate information.
* boy age *
Thanks for sharing that, James. In Washington, child custody and support are key concerns in a divorce involving children. Here are some points to consider:
- Child Custody: Courts prioritize the child's best interests, considering various factors.
- Child Support: Based on income, parenting plan, and child's needs.
Would you like specific information on child custody or child support guidelines in Washington?
Some real estate
Case Rating: *
James, in a divorce case, real estate division can be a significant matter. In Washington, the division of property follows community property laws, meaning assets acquired during the marriage are typically split equally.
Would you like more details on how real estate is divided in Washington during a divorce?
I'm in California
Case Rating: *
James, since you're in California, here are some key points about divorce in your state:
- Child Custody: California courts prioritize the child's best interests, considering health, safety, and welfare.
- Child Support: Calculated based on income, time spent with the child, and other factors.
- Property Division: California is a community property state, meaning assets acquired during the marriage are generally divided equally.
Would you like more details on any specific aspect of your divorce?
I got served over 30 days ago.is it took late to respond? What do I do now?
Case Rating: *
James, if you were served over 30 days ago, it may be too late to respond, but you might still have options. Missing the deadline can result in a default judgment against you. Here are some steps you can take:
- File a motion to set aside the default if a judgment has been entered.
- Contact the court to confirm the current status of your case.
Would you like guidance on how to file a motion to set aside the default judgment?
Yes please
Case Rating: *
James, this might be a high-value case as it involves a default judgment in a divorce with child custody and property division concerns. Would you like to be connected to local lawyers who can better assist you with your case?
If you agree, I need to ask a few questions to get the necessary details.
Can you please provide your phone number?
* I'm a disabled combat vet on fixes income fyi
Case Rating: *
James, this might be a high-value case as it involves a default judgment in a divorce with child custody and property division concerns. Would you like to be connected to local lawyers who can better assist you with your case?
What is your zipcode?
*
Case Rating: *
James, what is your email address?
mrgrinchmoto@gmail.com
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: James
Email: mrgrinchmoto@gmail.com
Phone: *
Zipcode: *
Reason: Divorce case with child custody and property division concerns, and default judgment after missing the response deadline.
From: FreeLawChatAi
Is there anything else I can help you with?
Yes how do I set aside the default..pls provide a draft letter
Case Rating: *
Sure, James! Here's a draft letter to file a motion to set aside the default judgment. Make sure to fill in any specific details related to your case.
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Clerk of the Court]
[Name of the Court]
[Address of the Court]
[City, State, Zip Code]
Re: Case No. [Your Case Number]
[Petitioner’s Name] vs. [Your Name]
Motion to Set Aside Default Judgment
Dear Clerk of the Court,
I am writing to respectfully request that the Court set aside the default judgment entered against me in the above-referenced case. The default judgment was entered on [Date of Default Judgment] after I failed to respond to the summons and complaint served on [Date You Were Served]. I apologize for my failure to respond within the required timeframe and ask for the Court's understanding of my situation.
I respectfully request that the Court set aside the default judgment for the following reasons:
*. I was unable to respond in time due to [explain your reason, e.g., misunderstanding the legal process, medical issues, lack of legal representation, etc.].
*. I have a meritorious defense to the claims made in the complaint, specifically [briefly outline your defense or response to the issues in the complaint].
*. I believe that setting aside the default judgment is in the interest of justice and fairness, particularly considering the significant issues at stake, including child custody and property division.
I have attached a proposed response to the complaint, which I am prepared to file immediately if the Court grants my motion to set aside the default judgment.
Thank you for your attention to this matter. I respectfully request a hearing on this motion at the Court's earliest convenience. Please do not hesitate to contact me if you require any additional information or documentation.
Sincerely,
[Your Name]
[Your Signature]
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Make sure to file this motion with the court and serve a copy to the opposing party. If you have any questions, feel free to ask!