Asked 1/31/2011
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Idaho divorce laws Can my spouse still contest our divorce even though he has already defaulted? |
Answer 1/2 - Submitted 1/31/2011
Answer 2/2 - Submitted 2/1/2011
A motion to set aside could be filed if it's within the time limits. Usually a motion to set aside on just about any grounds will do so long as the request is not made too late.
If it's been a long time since the default was entered, a set aside could still be successful if a reason within the statutes applies - service was not received would be a typical excuse.
Modification would be available if the issue deals with children or support. Other modifications could be possible.
The court won't see a judgment entered under a default as written in stone unless evidence shows that the defaulting party absolutely knew about the proceeding, then chose to ignore it.
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