Legal Question in Family Law in California
I filed for default in a divorce because the respondent failed to respond within 30 days of receiving her summons. I filed the default about 3 weeks ago. She has now retained an attorney today. How likely can she vacate the default? Should I get an attorney?
3 Answers from Attorneys
depending upon other factors it is likely that the court would set aside the default. I think one is always better off with an attorney but than again i am biased
I can't answer any of those questions with any definitive answer. With respect to vacating the default, I have no idea how she was served, or whether your default was even proper, or what she is claiming to vacate the default. With respect to whether you need an attorney, you may be able to represent yourself, but you may want to get some consultation or legal coaching, or even hire an attorney on a limited scope basis.
Defaults don't stand up, period, especially not in Family Law. I have practiced for 25 years throughout the state, and not once have I seen a self-represented party do anything but get walked on by an attorney on the other side. The only exception is in family law cases where none of the issues have to be litigated. If you wind up in court for a decisioni on any issue(s) you better have a lawyer.