My ex-husband filed a motion to set-aside our dissolution of marriage judgement?
In Missouri - My ex filed for divorce 2/06, he hired a lawyer, but never payed him & never filed the necessary paperwork. I, on the other hand, filed all of my forms in a timely manner while staying in contact with my lawyer. In 5/07 - there was a dismissal hearing that I attended, he did not and was reported to be avoiding his attorney, who ended up withdrawing on 6/6/07 because of the lack of cooperation from his client.
The judge then set up a default trial date 6/13/07, which me and my lawyer attended and I testified at, receiving a judgement which was 100% in my favor (custody, child support, possessions, etc).
Ex states he didn't know we had court & hired new atty & filed a motion yesterday to 'set-aside' the judgement.
Has anyone had any experience with the petitioner(respondent in my counter-petition) filing this kind of motion?
My atty's on maternity leave so I need to hire a new one pronto if I have to go to court again...help me get this
Answer:
As long as you have the proof that your ex was properly served the notice of hearing, your ex has no case.
Did he file the motion in another judge's court? If he did, there could be hell to pay. Send a copy of the petition to your judge and set back and watch the fireworks. Judges take a dim view of another judge, not of a higher court, entering into the litigations of his court without his expressed invitation.
this happens all the time. don't worry about it i doubt any thing will change. the lawyer should have some one taking over for her. you need to stay with the same atty firm if you can. they have your back ground work on file and it will cost you less to stay with them. it sounds like they have done a good job for you so far. good luck to you.
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