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Nashville, TN - Fourth circuit court - How to stop motion for default to set in regards to a divorce

10 views 3 answers
Hello, my husband served me with a complaint for a divorce about 33 days ago. I was confused, and his lawyer used wording to trick me into not responding by the deadline. Now they are seeking a default judgement, with a hearing set for August 6th. He filed complaint, Provided service to me, Filed an amended complaint, made service again, and then it says I failed to respond in the timeline prescribed by law. It says he wants a default judgement, and for this to be the final hearing on the matter. I am living in Canada with our son, and I cannot attend the hearing. I wish to put aside the hearing, and I also wish to file an answer to the divorce complaint so that it is a contested divorce and not an agreed one. This is in Nashville, Tennessee. Can anybody help me? I need to know where to file the answer, what forms to use, if I need to file a request to delay the hearing or if I can just answer the complaint or not? Thank you so much.

Attorney Answers

3
Derek Smith ·
It is possible to set aside a default judgment. You do need to hire an attorney as soon as possible. In general, courts do not favor default judgments -- everybody deserves his/her day in court. But you need to act promptly.
0 upvotes
Arnold Cohen ·
You need to consult a divorce lawyer practicing in Davidson County, Tn asap and before 8/6.
0 upvotes
Hannah Burdine ·
Hi, if you are wanting to set aside a default judgment, it is possible to do, but you will need to pay court costs in order to do it. I am concerned that you are in Canada with the minor child of your marriage. Your husband is probably trying to get the child returned to America. Usually, the child must remain in the jurisdiction of the Court while a divorce case is pending, but it really depends on the facts of your case.
0 upvotes

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