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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Im the defendant in a divorce. I filed a default with the

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I'm the defendant in a divorce. I filed a default with the court because my husbands lawyer failed to answer the counter complaint. I was advised to do this by my lawyer that I no longer have due to lack of funds. Now the opposing lawyer is trying to get discovery from me which I was told he can't do. Can you help?

Hello there -

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You are correct that a discovery request cannot go forward until the court actually rules on whether or not the default should be granted in this case. If that has not occurred, then you should contact the clerk's office at the family court and inquire as to what the status is regarding your request for default against the plaintiff in the case. They should be able to tell you whether or not the judge granted or denied the default or if the judge wants to have a hearing on the motion to default the plaintiff. Please keep in mind that in a divorce case if a default judgment is filed, it is very easy for the other side to remove that default if they either file an answer and a reason why they were late with the filing OR they file a request with the court to remove the default and continue on with the case. SO, if you have not received a decision in the mail and a hearing has not been scheduled, then your answers here will be with the clerk;s office and in the case file and you can find out what the status is on the default and go from there (the clerk;s office should tell you what your next move is -- they will not help you with filing anything but they should be able to tell you whether or not you must file a motion for further action (a hearing) or if the judge denied your request for default, then that means that the case continues on and both sides have a right to discovery).

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Please let me know if you have further questions.

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MARY

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