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Appealing a Default Divorce in Tennessee

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Insoma

Junior Member
I was granted a default divorce in December of 2015. My ex husband did not provide his discovery, and had sanctions laid against him for not providing the discovery when the judge ordered it. The sanctions struck his answer and counter claim for divorce for being in contempt for not providing his

His lawyer quit the case and he went pro se. He didn't appear for one hearing, stating there wasn't adequate time given. The judge rescheduled, to where my ex didn't appear and did not notify anyone that he wasn't appearing. My ex admitted he recieved notification for this date. This is when my default was granted.

My ex is now saying he's going to appeal the default, namely the support requirement, mainly alimony (because he didnt provide his financials, they went off of his w2, which is a job he is not working at and he is collecting unemployment. He has admitted that he can get his old job with his old company back, but will not take it because he dosent like the location, and won't take other jobs for the same reason) and zero visitation (he was living with a convicted child molester, who he brought to my home. He is no longer living with this person).

What is the actual appeals process and does he have any shot of winning one?

He's also been in contact with the lawyer who recused herself from the case. The grounds for her quitting where breakdown of communication, resulting from him not providing discovery. His discovery was asked for in June, and he still hasn't presented it. What are the chances she would represent him again?
 


Silverplum

Senior Member
I was granted a default divorce in December of 2015. My ex husband did not provide his discovery, and had sanctions laid against him for not providing the discovery when the judge ordered it. The sanctions struck his answer and counter claim for divorce for being in contempt for not providing his

His lawyer quit the case and he went pro se. He didn't appear for one hearing, stating there wasn't adequate time given. The judge rescheduled, to where my ex didn't appear and did not notify anyone that he wasn't appearing. My ex admitted he recieved notification for this date. This is when my default was granted.

My ex is now saying he's going to appeal the default, namely the support requirement, mainly alimony (because he didnt provide his financials, they went off of his w2, which is a job he is not working at and he is collecting unemployment. He has admitted that he can get his old job with his old company back, but will not take it because he dosent like the location, and won't take other jobs for the same reason) and zero visitation (he was living with a convicted child molester, who he brought to my home. He is no longer living with this person).

What is the actual appeals process and does he have any shot of winning one?

He's also been in contact with the lawyer who recused herself from the case. The grounds for her quitting where breakdown of communication, resulting from him not providing discovery. His discovery was asked for in June, and he still hasn't presented it. What are the chances she would represent him again?
You didn't care for the answers you already received elsewhere? :cool:

We don't guess about what people might do, and we would need the name of your US state to do anything else.
 

Silverplum

Senior Member
Now I saw TN in your title.

This page seems to answer your questions: http://memphisdivorce.com/divorce/the-divorce-process/

I have no relationship with the author of the info, nor am I recommending him/her: it's just easy-to-read info.
 

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