How to Set Aside or Vacate a Default Divorce Judgment
My question involves a marriage in the state of: Virginia
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Set aside and vacate divorce judgment (default)?
I filed an uncontested divorce in March 2010 and was granted a default judgement on May 2010. My ex filed a motion to set aside the divorce on September 2010. My lawyer and his lawyer got together and we agreed to request the court to set aside the divorce. A motion was filed and the judge required a hearing. We agreed on everithing. What is the likelihood it will get set aside?
We live in Virginia
And what is the likelihood the judge calls the actual parties instead of just the lawyers? So far the judge only called the lawyers.
Re: How to Set Aside or Vacate a Default Divorce Judgment
If you've stipulated with your ex- that the judgment will be set aside, there would normally be a good chance that it will be set aside. The delay could potentially create an issue, but we don't know why the default occurred or why a motion to set aside wasn't filed earlier.
We don't know the facts, so we're not in a good position to guess.