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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My daughters attorney was not notived of court date divorce

Customer Question

my daughters attorney was not notived of court date for a divorce and it was granted and she was not included in anything she had an attorney
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

What precisely is your question? Do you want to know how to redo the divorce? Is the attorney still on the case?

Customer: replied 1 year ago.
Unsure if the attorney is on the case yea want to redo the divorce
Customer: replied 1 year ago.
Undo the divorce what does that mean????
Expert:  S. Kincaid replied 1 year ago.

"Redo" is not really a legal term. I meant to give your daughter a chance to fix the one sided orders. The proper term is a "motion to vacate."

A motion to vacate a default judgment or decree asks the court to remove the judgment entered against you (or in this case, your daughter) and hear the case again.

Your daughter should file the motion within 30 days from the date the judgment was entered. Motions made within 30 days are usually granted by courts. It is possible to file your motion after 30 days but the court is much less likely to grant it.

In the motion, your daughter must include the following:

You will want to include:

  • The date the default judgment was entered against her
  • The reason she missed the hearing at which the default judgment was entered
  • The date and time of the missed hearing
  • The date she learned the default judgment was entered
  • The case number ***** which the default judgment was entered
  • What department and division the motion will be filed in
  • The other party's and her own address and phone number
  • When she will mail notice to plaintiff of her intent to file the motion.

If the judge grants her motion, the judgment against her is removed and the lawsuit continues. The granting of the motion does not make the case go away. You will still need to participate in suit proceedings, such as filing an appearance and answer, appearing in court, or even settling your case as necessary.

Do you have any other questions?