Legal Question in Family Law in California
I've gone thru a recent Divorce and was the one who filed and it was a Default judgement, part of this judgement says that my Ex-Wife was to pay me an amount on or before 90-days or she will be charge interrest. What she tells me know is that she will take me back to court and contest this judgement. I've had some people tell me that there is nothing to worry about since she did not contest the Divorce before this and just waited till she got the papers. Where others say she can and will make a case about this?
1 Answer from Attorneys
Judgments against people who have not had a chance to have their side of the situation told in court are highly disfavored. So there are a lot of rules and statutes that provide openings to have default judgments of any kind reopened and reviewed. Without knowing all the details of your case I couldn't begin to evaluate her chances of having the judgment set aside or modified, but there are plenty of ways and reasons she could make that happen if the facts and circumstances fit. And if it's a judgment call as to whether she's entitled to have it reopened, almost every judge in the state will favor reopening.
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