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Set aside and vacate divorce judgment (default)?

Discussion in 'Divorce, Separation, Annulment' started by winter1977, Nov 2, 2010.

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  1. winter1977

    winter1977 Law Topic Starter New Member

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    I filed an uncontested divorce in March 2010 and was granted a default judgement on May 2010. My ex filed a motion to set aside the divorce on September 2010. My lawyer and his lawyer got together and we agreed to request the court to set aside the divorce. A motion was filed and the judge required a hearing. We agreed on everithing. What is the likelihood it will get set aside?
    We live in Virginia
    And what is the likelihood the judge calls the actual parties instead of just the lawyers? So far the judge only called the lawyers.
    18 hours ago - 3 days left to answer.
     
  2. army judge

    army judge Super Moderator

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    Why bother setting aside the judgment? Wouldn't it have been easier just to remarry, if you desire to get back together?
     
  3. winter1977

    winter1977 Law Topic Starter New Member

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    we do not want to get back together... he filed a motion to set it aside and instead of fighting it (more expensive) I agreed.

    It is more about settleing property that anything else. I dont want to get back with him.
     
  4. army judge

    army judge Super Moderator

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    You might have made a mistake by doing that. Not knowing what you want to achieve, I'm at a loss to help you, other than suggesting you ask this question of your lawyer!
     
  5. KCGirl

    KCGirl New Member

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    I agree with Army Judge you might have taken a wrong turn. I don't think its going to be cheaper either but that's just an opinion of course. Billable hours are billable hours. Whatever your attorney is representing you on its going to cost you the same unless he gave you a flat fee. But if he did, better check to see if it wasn't for a "no sticks/no stones" divorce, if you get into wrangling over Aunt May's china it could get a lot more costly for you.

    As to judges calling any of the parties directly involved in the case as plaintiff, petitioner, defendant, respondent, whatever, that probably happens once ever millenia or so is my guess. Ex parte communications are a no-no unless there's and agreement/meeting of the minds about it. Reason being, in order to be fair, each party should have the same knowledge base from which to assess their situation. if, by some wild chance he were to call one of you then whatever you discussed would possibly be seen as giving a tip of the hat so to speak to one party or the other. He may not have meant it to look like that but it would and judges are supposed to avoid even a hint or appearance of impropriety.

    That's my understanding which is not, btw, that of an attorney just me.
     
    Last edited: Nov 2, 2010
  6. winter1977

    winter1977 Law Topic Starter New Member

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    my ex wanted to reopen the case to solve certain issues , and they are resolved now.

    I wanted other things incoporated into the order (original) but he claims he was not properly served.

    I dont want to go into trial. We are on agreement now.

    My question is what is the likelyhood the judge allows to do what we want. BEcause getting here costed me a lot of money.

    Now everyone is on the same page. No grievances. Just wanted to be over. My ex is very particular and he wont let go unless he gets what he wants. I want to avoid a longer litigation.

    and btw thanks to the both of you
     
  7. KCGirl

    KCGirl New Member

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    You're very welcome for my small bit of info/opinion. I would think that as long as what you want is not illegal or it can legally be done, its your dollar, my personal observation. Oh, and of course it would have to be something he has jurisdiction over. Like he couldn't declare you to be the queen mum. For one thing she has a sticky wicket about that, lol. It seems once you start qualifying things it can get rather hairy. Like I wouldn't want to give you the impression he would be apt to give you a manicure. I guess he could if you asked or maybe that would give the air of familiarity so if he did yours he'd have to give your husband/ex one to so as not to show favorites.

    I'm being silly, of course, as I'm fairly certain a manicure would not have been on your wish list. That's how I could get into trouble if you took my advice as being legal advice and acted on the manicure suggestion and asked for one and he jailed you for contempt of court, you might come after me for it.

    Maybe I should just zip it!

    Good luck to you in your new adventures.
     
    Last edited: Nov 2, 2010
  8. winter1977

    winter1977 Law Topic Starter New Member

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    The settlement agreement is perfectly legal. I hope the judge aloow me to let him won, because he is going to drag this forever and ever if he does not.
     
  9. KCGirl

    KCGirl New Member

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    I'm sure it is, I was being silly, mea culpa!
     
  10. winter1977

    winter1977 Law Topic Starter New Member

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    My question really was, if the fact that I agree to it, makes most likely (or certain) that the judge will set aside the first divorce.

    At this point that iswhat needs to happen so everyone is happy and no more lawyer fees.
     
  11. KCGirl

    KCGirl New Member

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    I think the judges want to clear their docket as much as you wish to complete your divorce. No one can read or predict a judges mind to my knowledge but since that is what he is there for (adjudication) I don't know why he wouldn't unless maybe it was something far out like you wanted him to jump with you off the Sears Tower maybe as a symbol of breaking the ties of your marriage.

    I can't figure out why you are so concerned, I mean people get divorced everyday and tomorrow its a new set. Is there something you think might be a sticking point? Is this the same judge who entered your decree of divorce before?

    I think judges like it when the parties reach an agreement, it takes the heat off him.

    I'm confused, your original question was would the judge set aside the decree and now its will he enter a decree? It has been my observation in the past that since everybody is hunky-dory with stuff, the attorneys are happy, you and your former husband are satisfied. So probably one of the attorneys will draw up a new divorce decree and submit it to hizzoner for signature and that should be that.

    My experience is as a legal assistant, not an attorney, so while I believe what I said is right the more definitive answer would come from an attorney. You can get in big big big trouble for playing attorney when you aren't one. I value my freedom plus I have no reason to want to mislead anyone so that's it for me. I'm as honest as the day is long, a straight arrow, trust me. :angel

    My observations only.
     
    Last edited: Nov 2, 2010

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