Legal Question in Family Law in Michigan
Appeal of judgement of divorce
My divorce became final on 07/07/03 due to default as I did not show up for court. However, I had never received any of the papers showing what was being requested by my ex-wife. Am I able to appeal the judgement? If so, how do I go about doing it? And how long do I have to do it? And does an attorney have to do it or can I do it myself?
2 Answers from Attorneys
Re: Appeal of judgement of divorce
You can do anything yourself. However, you really should consult with an attorney to see what occurred. For example, was service made by substitute service, whether the substitute service was valid, whether you have good grounds to set aside the judgment, etc. If it is important emough to worry about, it is important enough to get a lawyer. Bill Stern 248-353-9400
Re: Appeal of judgement of divorce
You must have a REALLY good reason for not showing up at the judgment hearing.
If you knew that the divorce was pending, there is no excuse and you're not likely to get a sympathetic hearing. If there was a reason you didn't know the divorce was pending, that's entirely different.
Even if you don't hire a lawyer (which you should), definitely review your case with local counsel to figure out the best way to get it set aside.
You'll have a greater chance if you get into the judge within 21 days after the judgment, so don't wait. At least file a written notice with the court.
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