My ex is trying to appeal our default divorce, what grounds does she have to stand on since she already passed the 20 days

Asked over 2 years ago - Altus, OK

I just got awarded a default divorce and am trying to move on with my life. My ex has stated that she is going to bury me, meaning financially. How many days does she have to appeal the final decree?

Attorney answers (2)

  1. David A Tracy

    Contributor Level 6

    1

    Lawyer agrees

    Answered . When you say "appeal," do you mean she is trying to vacate the default divorce? if she filed a motion to vacate less than 30 days after the default decree was entered, the court will likely vacate the default decree. The law views default judgments with disfavor, and prefers to have matters decided on their merits. You should visit with an attorney in your area for advice on how to protect your rights.

    If we do not have a written attorney-client agreement: I am not your lawyer; you are not my client; this is not... more
  2. Shannon Katherine McDonald

    Contributor Level 13

    Answered . She has 30 days after entry of the final order, decree, or judgement to file a notice of appeal. Therefore it sounds like she still has 10 days to file the notice. Generally grounds for divorce appeals are not in regards to the divorce itself but to the settlement the appealing party got at the trial level.

    If the appeal is frivolous, look and see whether Oklahoma statutes allow you to recover your legal fees for an appeal without basis or some sort of malicious lawsuit statute. You will probably need to hire an appeals attorney for the process. The deadlines are very important and the writing involved is going to be time consuming and difficult. If you do choose to go it alone, be sure to consult the rules of appellate procedure in Oklahoma for deadlines for any filings as well as designation of the record. You can probably find the rules online but a law librarian might be able to help you understand them better.

    Best of luck,

    Shannon K. McDonald

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Default Judgment in Divorce: When the Defendant Never Responds

Default divorce judgments are one-sided judgments favoring the plaintiff. They may be granted if the defendant doesn't respond when served.

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