Legal Question in Family Law in Idaho

Re: Divorce by default

If you didn't file an answer or written motion in defense of

then the attorney can get a default judgment against you and

rightly so. the summons you received tells you that you must file

an answer or written motion in defense or the plaintiff

can obtain a default judgment whether you are talking to the attorney

or not. That's what the summons told you.

You can file a motion to set aside the default judgment if you

file the same within 6 months after the default judgment is entered

pursuant to Rule 60(b) of the Idaho Rules of Civil Procedure

for the grounds of mistake, inadvertence, excusable neglect, newly

discovered evidence, fraud against the court, and any other reason

justifying relief from the operation of the judgment.

Failure to file an answer doesn't usually fall within these areas.

However if you can show the court that the attorney induced you

not to file the answer then this would be fraud and you could set

aside the judgment.

You should file a motion to set aside the judgement as soon as

possible in any event, because you won't know if the judge will set

aside a default judgment, but default judgments are not favored by

the law and are regularly set aside for this reason.