A Default Judgment Can be Set Aside if the Relief Exceeds the Prayer Request.

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A Default Judgment Can be Set Aside if the Relief Exceeds the Prayer Request.

Civil procedure is an important aspect of any divorce proceeding and is the issue in In re Marriage of Andresen.

In Andresen, the wife filed for divorce. She prepared the petition with supporting documents that listed the community assets and debts. However, she did not list the value of the community assets and debt. The husband was served with the papers, but he did not respond to the paperwork. A default judgment was entered against him.

Then, the husband moved to set aside the default, because it awarded the wife more than the petition requested. The judge denied the motion to set aside the judgment but vacated the judgment because it gave relief to the wife that went beyond the scope of her pleadings. Later a judgment was entered that required the husband to make an equalization payment. The husband appealed the order.

The appellate court upheld the order stating that the petition gave the husband adequate notice that property rights would be decided.

If you need legal advice and are looking for a family law lawyer in Orange County to address a procedural issue or a divorce matter such as legal separation, annulment, child support, custody, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.

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