Legal Question in Family Law in California

file for divorce with prepaid legal office. divorce papers were served to my husband. husband did not respond in time and filed for default. judge signed final divorce papers on Mar 19, 2014. now husband wants to file a motion to set aside the judgment and or reverse divorce judgment because he did not get served divorce papers. is this possible?


Asked on 3/25/14, 2:38 pm

2 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Yes, it is possible. Your ex can request the default to be set aside based upon mistake,inadvertence, surprise or excusable neglect within six months of the judgment being entered. Please meet with an experienced family law attorney to explore your legal options.

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Answered on 3/25/14, 5:50 pm
Anthony Roach Law Office of Anthony A. Roach

Yes, if he convinces the judge that he was not really served, or the proof of service itself is void.

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Answered on 3/25/14, 8:58 pm


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