My ex mailed me a certified letter notifying me of our final divorce court date. During that time she text me stating she would probably have to change the court date and would send me another certified letter. Then she played dumb acting like she didnt know if she rescheduled it or not. I did not go to court and she won on default. What can i do if anything now. I wasnt fighting the divorce but some of the property division.
You will need to file a Motion for New Trial, and quickly. Please get an attorney as fast as you can. These are not easy to file and to argue effectively, but you will be trying to get the judge to set aside that default ruling, based on the circumstances you describe.
To overcome this, you should file a motion for new trial alleging fraud as grounds. I suggest hiring a lawyer to watch out for you this time and to do the motion for new trial correctly. You've got 30 days
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
You have 30 days from the date the judgment was signed to file a motion for new trial.
I suggest you contact a lawyer immediately to help you. Don't wait until the last minute. If you do, you will have trouble getting someone to take your case.
This is not a DIY project.
I am pleased to have answered your question. The lawyers on this forum answer your questions without being paid. We appreciate it greatly when you click the "Mark as Helpful" button at the bottom of this answer. Please also chose a "Best Answer." It will only take you a second. Please remember my answer is not “legal advice.” You need to hire a lawyer to get that.
I strongly agree with the other attorneys answering this question. Time is of the essence in your situation and this is not a good project for you to try to handle without an attorney. Hopefully, you have not waited to long. Bring all of your pleadings and the default order and schedule an appointment with an experienced Austin Divorce Attorney immediately!
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