Am I just asking to have the Judgement (not final yet) set aside? Or is this the time to request child custody, property division, etc? Also, the court clerk confirmed they've rcvd my Answer to the Complaint for Divorce but she asked for a hard copy. I'm guessing that's why i received the Default Judgment Notice of Hearing. Do I request specifics in my Answer? Thank you.
Defaults are temporary; default judgments are final. Filing an answer was definitely a good step and make sure you attend the hearing. The answer admits or denies the allegations of the complaint; the motion to set aside default (or default judgment) simply addresses why your answer was not filed on time (good cause, excusable neglect, complaint not properly served, etc.)
General advice based on limited facts. No attorney-client relationship created.
Setting aside a default or a default judgment is not an easy task and you can try only once. Don't mess up that one chance - hire an attorney. There are specific facts that you must argue to have it set aside; you may have a good case but because you don't know Michigan law, you may, and likely will, lose. If there is a default or default judgment in place, your answers are irrelevant. If there is a default in place, the opposing party can mostly ask whatever they want and you may not defend yourself in most regards. Again, I cannot stress enough that you have to retain an attorney in this circumstance.
If you found my answer helpful or it was the best answer for you, please mark it. Thank you. This is intended as general legal advice and not intended to create an attorney/client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline