View Full Version : Can a motion to vacate an order of default in divorce be granted
dbran
Jun 8, 2012, 04:02 AM
I filed for absolute divorce and my husband didn't respond within the time frame so I filed for an order of default which was granted. Now my husband has filed a motion to vacate that order stating he couldn't respond timely due to health reasons. What actions should I take next? Would you recommend getting assistance from an attorney?
ScottGem
Jun 8, 2012, 04:45 AM
I always recommend getting an attorney, especially if the other party is represented by counsel.
If he can prove he was reasonably unable to respond, there is a good chance the court will vacate and submit the divorce for another hearing. So you need to prepare as you prepped before you got a default judgment.
AK lawyer
Jun 8, 2012, 04:48 AM
... What actions should i take next? Would you recommend getting assistance from an attorney?
If you disagree with his motion to vacate, you should file a written opposition to the motion.
dbran
Jun 8, 2012, 04:55 AM
@ScottGem and @AKlawyer
Thank you both this was very helpful