How do I fill out a motion to vacate a judgement for my divorce/child custody case?

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How do I fill out a motion to vacate a judgement for my divorce/child custody case?

My husband filed for divorce and then we were attempting to work on our marriage and it went south and i did not respond quick enough and the judgment went into default. I can not afford an attorney and am attempting to do it myself. I got the paperwork and just don’t understand how to fill it out.

Asked on June 21, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  This question is best asked to an attorney in your area who can guide you on the state procedural law.  Generally speaking, you make a motion to vacate a default judgement and you have to put in an affidavit as to why you defaulted - you need a really good excuse to have it deemed "excusable default" - and if you had reconciled to attempt to make it work (did you go to counseling?) then that would maybe be enough. As for the additional requirements you really do need to speak with a lawyer.  Go to see legal aid or consult with a prop bono attorney maybe from the local bar association.  Good luck. 


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