Legal Question in Family Law in California

I had my Default set aside for Extrensic Fraud. What is the next step after fil

I petitioned the courts to set aside my Default (the Default was recorded by the court clerk on 2/6/96) for Extrinsic Fraud, and the judge signed it 9/22/99. I then filed my response. I wrote my ex a letter (he's now in Oregon) and told him what I want. I called him last night, and he's not willing to comply. What is my next step? Does he now have 30 days to respond to my response? Do I have a time limit within which I must act? I want this to go before a judge, so it will be decided by the courts.

Thank you in advance for your time and attention. I really and sincerely appreciate it!


Asked on 10/12/99, 6:47 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: I had my Default set aside for Extrensic Fraud. What is the next step after

It's difficult to advise you without knowing what the issues might be.

If you want something now, on a temporary basis, such as support or restraining orders, file an OSC. If you simply want to divide property and get single, file an At Issue Memorandum and the court will set the matter for trial.

There is no 30 day clock running on your husband.

You should also consider seeking possible damages against him for the fraud. See Family Code 1101 and In re Marriage of Dale.

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Answered on 10/13/99, 4:19 pm


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