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Can I object to and ask the Court to dismiss my ex-'s motion to set aside our Final Judgment?

San Diego, CA |

My former attorney drafted our final judgment (in April 2012). No comments were ever received by my ex's attorney. I had to let my attorney go, because I couldn't continue to pay him (in June). After consulting with my former attorney, I submitted the paperwork (he drafted) as a pro per (in September). The Court approved the final judgment in December 2012. Now, my ex- filed to set the judgment aside and have it resubmitted. It's set to be heard in March 2013. I think, he continues to file motions to get out of paying on community debts including fees awarded to my former attorney. We have no assets. Can I file an objection to ask the Judge to dismiss his motion, based on time or other unnecessary delays? It seems very unreasonable and enough is enough. We were only married 7 years.

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Attorney answers 3


I have added a "Family Court" tag to your post for more exposure. Best of luck to you.


No one can answer your question without seeing the motion and without knowing a lot more facts. Generally, though, you would have to respond to the motion; no procedure exists just to dismiss it.


You will need to draft an Opposition to the Motion to Vacate Judgment, prepare it in the proper format, serve it (by mail), and file it with the court on time, all pursuant to the court rules. Depending upon his legal theory, arguments and evidence, you may need to prepare and file a Declaration, setting forth relevant facts. You will also need to prepare a Memorandum of Points and Authorities.

There are several legal theories which your ex might rely, if applicable. Without knowing the details, and reviewing the relevant court papers, I cannot give you any more detailed advise.

Richard Scott Lysle