Q: What do I do after a default decree was vacated and the respondent is not participating in legal proceedings?
I was granted a default dissolution of marriage after my ex failed to show to any court hearings....He decided to hire an attorney to vacate the decree...which was granted on the pleadings. Meaning we did not have to show up to court, the judge just ruled in his favor. My ex has not paid a dime in child support and has failed a drug test....there is a warrant for his arrest for failing to pay child support and his attorney has now withdrawn from the case because he is unable to get ahold of my ex...He will not show up to court...so what are my options without going to trial with someone who fails to participate? After an answer from an attorney....I have an attorney, have had one since the filing of the petition. I am nearly 10K into attorneys fees and being a single mom not getting support...its getting a little ridiculous to keep dragging this out...any advice would be appreciated.
A: If you already have a lawyer you must go through them for legal advice.
WOW, it would appear that for $10K in attorney fees, you should NOT have to ask Justia for answers to your questions. From what you have said, it would appear that the next step would be for your attorney to file a Motion for Pretrial Conference, and secure an Order for Pretrial which requires your husband to attend. Then he should mail copies of this Motion and Order to the Attorney for your Ex, if he is still represented, and if not, to his last known mailing address.
If he fails to appear at Pretrial, MOST judges would take some testimony from you, and grant the divorce, with judgment for past due support, and possibly your attorney fees. If the Judge won't grant the divorce then, he will set it down for trial or hearing on his docket soon thereafter.
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Good luck to you.
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