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Can I proceed with seeking a default settlement?

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Anonymous Asked:

I filed for divorce in November 2014 and my husband was served. He has chosen not to file a response or retain a lawyer. It been over 90 days since he got served. Proof of service is available.
Can I proceed with seeking a default settlement regarding assets and spousal support?
Can my husband appeal a default court ordered settlement : I.e. what grounds would he have to appeal if he never responded?
Thank you

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Stuart Zukerman
5 years ago

Yes you can apply for default judgment. It is however, relatively easy to set aside a default judgment – the party seeking to set it aside would have to explain why they did not act in time and establish that there is some factual basis from which they could have a reasonable prospect of success in obtaining a different order than the order that was granted by default.

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