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    mrscdeet's Avatar
    mrscdeet Posts: 1, Reputation: 1
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    #1

    Apr 19, 2013, 05:04 PM
    Can I defend my case at or stop a default divorce hearing in Alabama.
    I am in Alabama. I received notice of my husbands attorney requesting and getting a default hearing. I did file my answer to the divorce within the allotted time. I did not however file my interrogatories in the time specified. It stated in the notice of request for default hearing, that I ignored a court order that was entered earlier this month, compelling me to answer interrogatories. The notice of default is the first I've known about this order to compel. If I show up at the default hearing, will he still be able to have a default divorce granted? Is there anyway to stop this and get the divorce back on track without a default? I do not have an attorney and have tried every legal aid, pro bono, etc in my area with no help in sight. We have a two year old girl involved, whom he is trying to get full custody of, even though he was never anything close to a primary caregiver, etc. any advice PLEASE. The hearing is set fourteen days from today!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 19, 2013, 05:48 PM
    If he has an attorney and you don't, there is a strong likelihood you will lose. You should file a motion to suspend the default hearing because you were not properly served with prior notices.

    If he filed for divorce you should be able to get him to pay for your attorney. Talk to attorneys about that.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 19, 2013, 06:02 PM
    File an affidavit reciting that you never received the order to compel. And, at the hearing, make the same point.

    And, if at all possible, answer the interrogatories before the hearing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 20, 2013, 01:41 AM
    Also, get an attorney if possible
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