How long after a default is filed do i have to file a motion to set it aside?
How long after a default is filed do i have to file a motion to set it aside?
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.
Do you have a lawyer?
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.
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.
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.