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View Full Version : Motion to set aside for default filed but not finalized


ignorant_onion
Jul 15, 2014, 03:55 PM
My husband filed his petition back in Oct 2013k but did not serve me with papers until Feb 2014. We have been separated for 6 years and all of our assets/debts are separate and we have a verbal 50/50 custody for our daughter - no child support or alimony. I did not respond to the petition because we were in agreement. However, when he mailed me the various forms he filed last week. FL 160, 170, 150, 141, 165 there are various mistakes in dates, incomes, and omissions in some areas. After researching, I realize I should have responded so I could include my information for consideration and NOT relied on our verbal agreements.

He has filed the request to enter default but it has not (to my knowledge) been heard/granted. I want to quickly file a Motion to set aside. My husband said he is willing to file that motion against himself. But I am trying to figure out how to word such a request, both if he submits the request or if I submit one myself. I figure the sooner the better??

ignorant_onion
Jul 16, 2014, 03:29 PM
With additional research I discovered that my (soon to be ex) husband could file a Stipulation to set aside the Request to Enter Default. Which turns out to be much easier thing to write up versus a Motion to Set Aside.

AK lawyer
Jul 17, 2014, 07:59 AM
He has filed the request to enter default but it has not (to my knowledge) been heard/granted. I want to quickly file a Motion to set aside.

You don't need to "set aside" his request if it hasn't yet been granted. Just file something, and that will make the request moot.