If my divorce went into default because I didn’t respond in time, is there anything that I can do?

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If my divorce went into default because I didn’t respond in time, is there anything that I can do?

I don’t think I responded to my divorce papers on time. I sent my response through mail on the 30th but it won’t get to the court until the 4th. I just received a copy from my husband that the court entered a default judgement on the 31st. Is there anything I can do since I did sign and date my response on the 30th? If it’s not, is there’s anything I can do now?

Asked on June 3, 2012 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Every state has a procedural law that gives a person the right to "vacate" the default.  You just have to prove certain things like that you were not properly served, etc.  For divorces there may be something more.  You should speak with an attorney in the area about the matter and see procedurally what you need to do.  Good luck.


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