Legal Question in Family Law in California

Under California law, a defaulted party may request that the court set aside a default against them. This means that it is up to the court to decide whether to grant the set-aside. It is not automatically granted. The defaulted party has to indicate the reasons (excuses) for having been defaulted so that the court can decide whether it will decide to set aside or not.

Also, the time frame that the defaulted party has and the procedure they would need to do depends on the particular matter.

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If your ex made a request to set aside your default within six months of your default entry, the court typically grants that relief. The reason behind this policy is to afford both spouses the opportunity to participate in the divorce action. Please meet with an experienced family law attorney to explore your legal options.

I agree with Ms. Kock. I have, although possible, never seen a court not set aside a default judgment that was made within the statutory period of time. The rational is that the family code supports an equitable dissolution.