Legal Question in Family Law in California
My fiance' filed for divorce from his first wife. She had a response sent but she never filed it. He filed a default after waiting two weeks after the 30 day deadline. When she received the notice of default she went out and filed to have the default set aside. What happens now? Doesn't the default take priority because it was filed first? There are no children and no property. Y
1 Answer from Attorneys
The strong policy of the legal system is to have cases decided on their merits, not by default or other processes that don't decide the case based on the case itself. Therefore defaults are 99.99999% of the time set aside. Unless the other person defaulted knowingly, willingly, intentionally, with full understanding of the consequences and meaning of letting their case be decided by default, through no mistake, inadvertence or excusable neglect, the court MUST set aside a default.
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