Legal Question in Family Law in California

filing response after 30 days

My wife filed for divorce through a para legal as uncontested. She did not include form FL-160 regarding our house. I recieved a request to enter default from the para legal. I did not agree to giving her the house and now I see that she wants to be awarded the house in the judgement. Is there anything that I can do immediately to protect my interest in the house?


Asked on 4/06/04, 9:08 pm

3 Answers from Attorneys

Samira Ansari Law Office of Samira Ansari

Re: filing response after 30 days

You need to file to set aside/Vacate the Judgement ASAP. (it sounds like there has been a judgment). Should you need an attorney to contact please contact me at

(408) 371-0062

Samira Ansari

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Answered on 4/06/04, 9:27 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: filing response after 30 days

If a default has been entered you need to set aside the default. There is a time limit on your ability to set aside the defualt, so move quickly. You should not risk this without an attorney, you have a lot to lose. Good Luck, Pat McCrary

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Answered on 4/07/04, 10:47 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: filing response after 30 days

In a general sense, you have to file a motion to set aside the default. You have to do so within certain time constraints. You have to attach your proposed Response to the motion to set aside your default.

For a specific opinion regarding your individual circumstances, I suggest that you immediately consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 4/07/04, 12:49 pm


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