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InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1956
Experience:  18 years as a family law attorney, adjunct law professor
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Findings and order after hearing

Customer Question

I do not have a lawyrer at this time, I just received from the opposing divorce lawyer a "findings and order after the hearing.

The letter that accompany the order stated that i have 10 days to object to this order. I was not in court the day of the order.

My question is "how do I object to this order? what document do a file? do I file with the court or send to the opposing counsel or both?

I am looking for direction .

thank you

mike szulborski
Submitted: 8 years ago.
Category: Family Law
Expert:  InformationForYou replied 8 years ago.

You could try filing a few different things, though I'm not sure any will help you:


a. If you weren't properly served with notice of the original hearing date, you could file a motion to set aside the order for lack of proper notice and service.


b. If you weren't in court on the day of the trial for a good reason, you could file what is suggested in "a" above asking for a new hearing and stating what you good cause is for not showing up (i.e. in the hospital, in an accident, etc.)


The problem is that if you don't show up at a hearing just because (as opposed to not knowing about it or being unable to be there through no fault of your own), the court doesn't just do a "do over" and hear the matter again because the result is so unfair to the person who didn't show up. (That is why we have notice requirements - to make sure the person on the other side knows what day the hearing is taking place and what is being heard that day).


I know this isn't what you want to hear, but I can only tell you what the law is.


Please hit "accept" so that the company pays me for the response. Thanks.

Customer: replied 8 years ago.
Ok, I understand. But if I can not object, then why ask me?
Expert:  InformationForYou replied 8 years ago.

Presumably they had to serve you with a copy of the Order and it is the law that you (and everyone else) has 10 days to file the objections. So it is just stating what the general law is to you.


Please hit "accept" to these responses. Thanks so much.