How can a default judgment in a divorce case be set aside if you weren’t notified of the hearing?

Family Law

Jessica B

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It sounds like you'll need to file a motion to set aside the default judgment. Relief of this kind is often governed by a state's civil procedure rules, which in many states are modeled on Federal Rule of Civil Procedure 60(b), permitting a court to relieve a party from a judgment for reasons such as mistake, excusable neglect, or lack of proper notice. This process can vary depending on your location, so it might be helpful to consult with a local attorney who can guide you through the specific steps required in your area. If you have any questions or run into any issues while taking these steps, feel free to come back to the chat. I'm here to help you through this process. Please let me know if there's anything else I can assist you with right now. If not, you're always welcome to return with any follow-up questions. Take care!

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Getting an addendum to my divorce decree.

Lexi, Chatbot

I understand that navigating changes to a divorce decree can be challenging. What specific changes are you looking to make in the addendum?

Child support, property, child placement.

Lexi, Chatbot

Have you already discussed these changes with your ex-spouse, or is this the first time you're addressing them?

No.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your child support.

No.

Jessica B

Thank you for choosing our service! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation where you need to get an addendum to your divorce decree involving child support, property, and child placement. Have you considered any legal steps to address this situation?

I am not sure what I need to do for that.

Jessica B

Let's start by understanding your current situation. Have you and your ex-spouse reached any informal agreements about the changes you want to make, or is this something you need to address through the court? This will help us figure out the best approach for your addendum.

So my ex-spouse did not let me know about the court date, and she got the default judgment. I need it addressed through the court.

Jessica B

Thank you for your help.

Jessica B

You're very welcome! If you have any more questions in the future or need further assistance, don't hesitate to reach out. Have a great day!

How can I add anything relating to mental health issues in the motion? or any court filing?

Jessica B

To include mental health issues in your motion or court filing, you'll want to clearly explain how these issues are relevant to your case. Start by gathering any documentation or evidence that supports your claims, such as medical records or statements from mental health professionals.

So, if I do not have access to the medical records for my ex-spouse, how will that need to be done? Can I send you what I wrote on the relief request when I am done with it? To ensure it is legally sound and not a bunch of nonsense?

Jessica B

If you don't have access to your ex-spouse's medical records, you can still mention any observed behaviors or incidents that are relevant to your case. You might also consider requesting a court order for a mental health evaluation if it's crucial to your case. Regarding your relief request, feel free to send it over when you're ready, and I'll help ensure it's clear and effective.

Thank you.

Here's what I have so far: Re-evaluate the matters relating to child placement, child support, and ownership of the residence. I, the petitioner, am the primary caregiver for the children listed in the court document and have been so for the vast majority of their lives. The current possession order states that I only have possession on the 1st, 3rd, and 5th weekends. Since we are currently in school with a flexible schedule and living under the same household, this order is not in the children's best interest. In the matter of 9c, Order Regarding Passport, neither parent should have the sole right to this. I am concerned about her intentions regarding selecting her as the sole parent, given that this is allowed. My ex-spouse has stated that she wants to live in Brazil for a year, and I am concerned about the children leaving the country. In matters concerning child support, 11c, I believe that since I am currently in school and the primary caregiver of the children, I should not be obligated to pay child support. My ex-spouse currently earns almost $100k from both her employment and her USMC retirement. I am currently receiving disability benefits of $1,600 per month from the VA and am seeking employment. I believe that neither parent should have to pay child support. In matters concerning ownership of the house, my ex-spouse has stated that she intends to live in Brazil for a year after the divorce. I do not believe she should have sole ownership of the house. I request a deferral of this matter to a later date to determine where ownership should be established, so the children can have a stable living situation.

Jessica B

I appreciate you sharing your draft with me. While comprehensive guidance isn't typically included as part of this service, I'm more than happy to provide general legal information and guidance to help you navigate your situation. Let me know if there's anything specific you'd like to discuss or any questions you have about your draft.

My ex-spouse and I are both pro se. Is she obligated to inform me of the court dates?

Jessica B

In cases where both parties are representing themselves (pro se), each party is generally responsible for keeping track of court dates and ensuring they are informed. However, if one party schedules a hearing or files a motion, they are typically required to notify the other party of the court date and any related proceedings. It's always a good idea to check with the court directly to confirm any upcoming dates and ensure you have all the necessary information.

Thank you. How should I handle the fact that she willingly did not inform me of the court date?

Jessica B

If you believe your ex-spouse intentionally did not inform you of the court date, you can mention this in your motion to set aside the default judgment. It's important to explain how this affected your ability to participate in the proceedings. If you have any more questions or need further assistance as you proceed, feel free to come back to the chat. I'm here to help you through this process. Take care, and don't hesitate to reach out if you need anything else!

Jessica B

32,347 satisfied customers

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