How do I respond to a motion to set aside a default divorce decree

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ranman55

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About 10 months ago I got a divorce by default decree , now the woman who was ok with that and never contested it says she was never told about it(It had to be published since she was overseas and would not contact me or give me her address) I need to know how I can respond (what specific form or response letter) to the Judge in this matter so I can address my attempts in detail. I also know that the motion was prepared by a paralegal that notarized the signature of my ex wife. and that my exwife did not come to the business and the signature must have been notarized even though not in the presense of the notary (whom in this case is the paralegal) Is that legal to notarize a signature not in the presence of the signer?
 
Don't worry about whether or not the notarized signature is ok, the only one who can challenge the signature is your ex.

You need to file an answer to the motion. In order to help you do that I would have to see the motion itself.
 
the motion was filed pro per by a divorce store

My ex used a paralegal I suppose to prepare the motion to set aside default in our case that was decided on 5/22/09 She states that I never sent her the paper work( she was in China, did not call me when she left, no forward address. no phone number! I filed because I found out she had been working in a massage parlor, I explained all that to the Judge. She also used a business for her address on the heading , They are a business broker and they do not know her. The motion was sent to me in an envelope from the divorce store here in Arizona. My ex is stating in the motion I talked to her on many occassions and could have sent the documents which is not true and that I could have sent them to her daughter , whom did not even have contact with her at the time. Also she is asking in the motion for it to be set aside ,because of a honda car which was in or status on the title, she thinks the Judge gave the car to me, but in Arizona she must be present for division of community property, so that is not the case. I had title and signed over the title to cover a loan that we owed. She is driving the car. without current plates or current tags and I guess no insurance. I still do not know where the woman is or have any way to contact her because she works out of massage parlors. She used me for the green card only , I know now, I am broke with out work as I have been in construction my whole life, so I came here to try and find the proper way to answer the motion. Where can I get and answer to motion to set aside default? can I get a blank form online and fill in with my computer , print it and file it?
 
No, law isn't a matter of filling in the blanks of form motions. As I said in my first post, I would have to see the motion. You are in luck, it is not easy to open a default she might get turned down whether you answer or not. So you met her in a massage parlor and you are upset that she won't quit? (laugh, I'm joking). In any case, she isn't upset with the divorce as much as the property division?

If you want, use the same "form" she used, the heading and case number, and just answer what you disagree with. Other than that I can't help you without doing it for you. Sorry, good luck.
 
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