My wife cheated on me, I filed for divorce, she was served but then we made a settlement regarding property and child custody, a few days later she wrote me saying she wanted to cancel and have our settlement modified, if she did not file a proper answer on the initial petition for divorce within the legal time frame, can I still seek a default judgement if there was proof (text msgs) she wanted to back out on previous settlement ? If she is unable to hire an attorney do I have to pay for hers?
If your wife did not file an answer then you can probably still seek a default judgment. You cannot prove up an agreement if you don't have an agreement. You will have to prove up a fair and equitable property division. You will likely have to file an inventory and appraisement and proposed property division.
If you are not working with an attorney you should hire one today.
if there's not a sign written settlement agreement she was properly served and she is not answered and you can de fault as long as the appropriate time has passed
Both lawyers answered your first question. I would just answer your last. If you get a default you do not have to pay for hers. We always ask in the Petition but usually don't get it. If you get a default and she files a Motion for New Trial, the Court may well grant you attorneys fees as part of the Order granting a new trial. You see the issue can get complicated. So to minimize any mistakes at this stage get a good family lawyer there.
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