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    dbran's Avatar
    dbran Posts: 2, Reputation: 1
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    #1

    Jun 8, 2012, 04:02 AM
    Can a motion to vacate an order of default in divorce be granted
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 8, 2012, 04:48 AM
    Quote Originally Posted by dbran View Post
    ... 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's Avatar
    dbran Posts: 2, Reputation: 1
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    #4

    Jun 8, 2012, 04:55 AM
    @ScottGem and @AKlawyer
    Thank you both this was very helpful
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