Divorce and Setting Aside a Default Judgment for Dissolution

At the Law Office of David P Schwarz we have dealt with many situations where the Orange County divorce judgment is entered as a final order and one of the parties seeks to set aside the judgment based on some form of mistake or negligence. Please contact our office at 949 735 9266 for a consultation or via the web. We can also be reached by email at dpslaw66@gmail.com.

A Divorce Attorney may seek from the court, in furtherance of justice, to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect.

An Orange County Attorney can seek from the Court to extend the time for answer or demurrer and permit an amendment to any pleading or proceeding. The Court can in addition permit an answer to be made if it was not timely.

To make any late amendment to the pleadings fair and equitable the Court will require the payment to the adverse party of any costs as may be just.

A Divorce lawyer can as well seek relief from the Court to relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.

The motion for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed. The motion to set aside the divorce judgment shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.

At the Law Office of David P Schwarz we can assure our clients that if the motion to set aside is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's declaration under penalty of perjury explaining their mistake, inadvertence, surprise, or neglect that the Court will vacate any resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment.

A Divorce attorney will also make sure whenever relief is granted based on an attorney's declaration about why the mistake or inadvertence occurred that the attorney only pay reasonable legal fees and costs to opposing counsel or parties.

Furthermore the Superior Court cannot make setting aside a default or a judgment based on the condition that the attorney pay the legal costs and fees to the opposing attorney.

Finally, The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.

At the Law Office of David P Schwarz we have experienced numerous occasions whereby are clients have be able to set aside an Orange County default judgment or order based on the inadvertence or mistake of the party or lawyer. Please call our office at 949 735 9266 for a consultation or via the web. We can also be reached by email at dpslaw66@gmail.com.