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Setting Aside a Default in a Divorce, in Michigan

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  • 06-26-2006, 03:46 PM
    mardi1223
    Setting Aside a Default in a Divorce, in Michigan
    How long after a default is filed do i have to file a motion to set it aside?
  • 06-26-2006, 05:52 PM
    mardi1223
    Re: Need Help! Default of divorce filed in MI
    Or any information on the subject would be of great help. I'm not sure what I am doing and I think I may be short on time. Thanks.
  • 06-27-2006, 01:40 AM
    aaron
    Re: Need Help! Default of divorce filed in MI
    Do you have a lawyer?
  • 06-28-2006, 06:20 PM
    mardi1223
    Re: Setting Aside a Default in a Divorce, in Michigan
    No lawyer yet. Still trying to save the money up for the retainer fee. But I still need to move forward while saving for the lawyer.
  • 06-28-2006, 06:27 PM
    Mr. Knowitall
    Re: Setting Aside a Default in a Divorce, in Michigan
    A divorce isn't like other litigation, in that you can probably still participate in the proceedings to a significant degree despite a nonappearance default, but particularly if there are disputes as to property or custody you should still move to set aside the default as soon as you can. You would want to do this sooner so you can take advantage of any formal discovery that is required, and to make sure you can fully present your case.

    Contact the lawyer for your spouse and see if they'll stipulate to set aside the default. If they will, get a stipulation and order entered setting aside the default. If not, mention their refusal in your motion.
  • 06-29-2006, 10:25 AM
    mardi1223
    Re: Setting Aside a Default in a Divorce, in Michigan
    Thanks for the info. I did contact the other lawyer. She did not agree to set it aside. She told me to file a motion. So that is where I am at right now in the process. Thanks again.
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