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I want to appeal on default in my divorce case. My divorce…

Customer Question
I want to appeal...

I want to appeal on default in my divorce case

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

My divorce was in TN I live kin CA

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet not sure what to do

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Didn't know about the divorce

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
12/5/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,176
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

How long ago was it granted?Thanks.

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Customer reply replied 7 months ago
about ten months
Customer reply replied 7 months ago
WILL CHECK BACK TOMORROW FIXED INCOME
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

I will leave this for a Tennessee expert, stand by..

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Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Since you were not notified of the divorce, there is no need to file an appeal. Appeals take several months at a minimum, and they can be expensive. But the judge that entered the default has power to remove it, which is much faster and easier. You can file a Motion to Vacate Default, explaining that you were never notified of the lawsuit and therefore could not have filed a response in time. The judge should reopen the case. This is allowed by Tennessee Rule 55.02.

Because you are out of state, it could be easier to hire a lawyer to assist. However, if you don't have the funds to do that, try seeing if you can find examples of the form from a site such as www.legalzoom.com or www.uslegalforms.com.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

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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.

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