Legal Question in Family Law in California

Spouse and I want to vacate judgement on divoice 45 days before 6 month waiting period is over in california. We were unaware that the default judgement that came early on was binding and had no room for reconciliation. How do we proceed?


Asked on 4/29/17, 1:32 pm

1 Answer from Attorneys

You can't have a default judgment on file before the waiting period is over, unless you or the court or both completely screwed up the paperwork that was filed on the default. So either your timing information is incorrect or something else is wrong. A default is not a default judgment. Furthermore, both defaults and default judgments can always be set aside by agreement between the parties involved. They are never binding as long as the petitioner and respondent both agree to withdraw it. So I'm not sure what your source of information was that it cannot be undone. Whatever that source was, it or they are not reliable. You need to get help from the Family Law Facilitator's Office in Visalia, unless they're the ones who gave you the wrong information, in which case you need to talk to a qualified Family Law attorney.

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Answered on 5/01/17, 9:21 am


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