Legal Question in Appeals and Writs in California

Do I file an appeal or file default

I filed for divorce in one county on 5/2005. He filed in another county aware of the previous case still open.Having never been served or aware of his filing, he wins judgement by default. What do I need to file to see the judge? Modifacation? Appeal? Motion to set aside judgement? or motion to quash? really lost and confused


Asked on 6/16/07, 2:07 am

2 Answers from Attorneys
Phillip Evans Law Office of Phillip Evans

Re: Do I file an appeal or file default

You need to find a family law lawyer to file a motion to set aside the judgment. I practice in the Riverside area, please contact me if I can be of assitance.

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Answered on 6/16/07, 5:24 pm
Herb Fox Law Office of Herb Fox

Re: Do I file an appeal or file default

You need to file a Motion to Vacate the Default Judgment, in the court where the default was entered. If that is denied you can appeal from that decision.

I am a certified appellate law specialist with 30 years of experience in civil appeals, including family law appeals. That includes post judgment matters such as yours. My offices are in Santa Barbara and Century City, and I practice throughout southern and central California. You can find more information about me, including contact information, at www.foxappeals.com

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Answered on 6/16/07, 2:38 am


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