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  1. #1
    Join Date
    Nov 2010
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    Default 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.

  2. #2
    Join Date
    Sep 2005
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    Default 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.

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