The time to set aside a default is 6 months from date of entry, but many judges exercise discretion when appropriate. The fact that your spouse has not filed a judgment should have triggered an OSC (Order to Show Cause) re: Dismissal for Failure to Submit Judgment. That OSC, which is a court hearing that only the petitioner needs to attend, would have set a deadline for spouse to file the paperwork and if the deadline is missed, the case would be dismissed without prejudice. If there are no property/custody/support issues to address, you could call the court clerk and ask them why an OSC Re: Dismissal for Failure to Submit Judgment has not been calendared. Note: because you have been defaulted, you probably won't get notice from the court. Hire an attorney if your spouse has asked for support, division of property or if you have minor children together.
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