Family Law Questions? Ask a Family Lawyer Online.
I see.A motion to set aside the order can be filed with the court if there was a lack of due process (failure to serve one of the parties properly) or other reason the court should reconsider the law and evidence.Otherwise, an appeal is typically necessary to the state court of appeals. A notice of appeal would normally need to be filed with the trial court and an appellate attorney retained. This is often a complex, expensive, and sometimes lengthy course of action. If there are no reasonable grounds on which to base a motion to set aside or reconsider the order, then an appeal is typically the only course of action to reverse the ruling of a trial court.
That is not typically itself a valid reason for setting aside a court's order. However, if the party against whom the judgment was entered retains an attorney now, they are more likely to find some error in the record on which to base a motion or appeal since the party was originally unrepresented.The state and local bar associations can provide attorney referrals.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).