Tennessee case abstract on default judgments in divorce.
In 2017, the spouse on this Davidson County, Tennessee, case filed for divorce from her husband of virtually sixteen years. She requested spousal assist and a division of property. The husband by no means filed a solution, and over a yr later, the spouse moved for default judgment. A listening to was held at which the husband didn’t seem.
The spouse, as well as her mom and a good friend, testified on the listening to. There was testament relating to the husband’s infidelity and physical abuse, as well because the funds and property. The spouse was reluctant to testify as to the husband’s occupation, however the court docket finally concluded that he was a drug supplier.
The trial court docket granted the divorce on the bottom of inappropriate marital conduct. The spouse was awarded $1,000 per 30 days alimony in futuro.
Less than a month later, the husband employed an legal professional who filed a movement to put aside the decree. The husband argued that he was residing within the marital residence whereas the case was continuing, and he hadn’t obtained papers that have been mailed to him. The trial court docket refused to put aside the judgment. After some post-trial procedural issues, the husband appealed to the Tennessee Court of Appeals.
While the husband’s precise grounds for setting apart the judgment have been unclear, the appeals court docket analyzed whether or not it was a case of excusable neglect. The appeals court docket concluded that the case couldn’t be put aside on these grounds as a result of the husband’s conduct was willful. The court docket famous that the husband admitted that he had been served with the criticism and determined to symbolize himself. And although he claimed at a deposition that the spouse was intercepting his mail, he went on to say that future objects needs to be mailed to him at that very same tackle.
The court docket additionally famous that copies of papers had been despatched to another tackle what place the husband generally stayed, and the husband had provided no clarification as to why mail to that tackle was insufficient.
The appeals court docket concluded that husband approached the divorce as if it was not going to occur, and that “reality proved husband wrong.”
The appeals court docket went on to evaluate the decrease court docket’s judgment and concluded that the decrease court docket had acted correctly. For that purpose, it affirmed the decrease court docket’s judgment. The spouse requested for legal professional’s charges on appeal, however this request was denied.
No. M2019-01275-COA-R3-CV (Tenn. Ct. App. Feb. 11, 2021).
TN default divorce judgment upheld when husband failed to reply.
See unique opinion for precise language. Legal citations omitted.
To be taught extra, see The Tennessee Divorce Process: How Divorces Work Start to Finish.