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Tam98
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Reged: 04/03/08
Posts: 9
Divorce by Default in Tennessee !!!!
      #386316 - 04/07/08 12:48 PM

My husband left the marital home and got a place to live in another county. A different county than the one we were living. He left without saying anything. I was home every day and I didn't get served. I am not sure how you usually get served but no one came to the door. I found out later I caught him taking my mail, he would drive by to see what I was doing and steal my mail. So I didn't get served and didn't show up for court. He got the divorce by default and he got everything my property and his both. He stole my wedding rings from our marriage and my previous and thousands of dollars worth of my things. He just flat out stole everything. He is so smug I asked him where my riding lawnmower was. "It's mine now." The judge gave him the divorce and everything. He was living with someone and they are married. I was a stay at home mother I got nothing. I am at my mothers house. Like I said he left the marital home to live with some girl but he got it in the divorce. I was a stay at home mother I got no spousal support, he took my daughter and gets the tax exempt I get no visits ever, he decides all her activites, no child support in place either side. I basically don't exist even thought the whole time I was pregnant he only talked to me once a day maybe 5 minutes. He gave her no care at all. I was at home all the time and like I said I didn't get served. I didn't have any income so it would have been hard to get an attorney but maybe I could have found one or maybe I should have shown up myself. He was putting everything in his name and hiding money. I don't have a car and spousal support for a while would have helped. I don't know how to fight this it is disgusting. He took all my personal belongings(clothes, shoes, photos). He just started acting weird. I would take photos of my daughter and he said "My mom needs those" he wanted to steal all my photos and give them to his mother. I thought That was weird. Just so much more stuff was going on I was at a loss at what to do.
I didn't see anything till months later he gave my mother an uncertified copy of the divorce decree. I think that is weird he talks to my mother. He won't call me or talk to me at all like I don't exist.
How do I pull him out of hiding ??? I felt like I didn't get a chance to do anything. I met someone he is an engineer more income than my ex-husband. I wonder if he would come out of hiding if he knew I might have money and maybe he would try and get child support or something.I want to protect my new maybe husbands interest if he buys a new house should he put my name on it or leave mine off? I will pay child support but I don't want him to lose his house. I am not sure what my ex-husband will do, his dad and he decided this plot against me to get a divorce without telling me, and got away with it.
Please don't respond angry and that I was stupid I was having another family problem and was tired of all the fighting and he took advantage of it because he knew I was having problems with my mother.

Thanks for any HELP!!!!


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DeeCan
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Re: Divorce by Default in Tennessee !!!! [Re: Tam98]
      #386346 - 04/07/08 01:50 PM

It sounds as if this divorce was granted more than 30 days ago. If so, there is nothing you can do about the marital property or even your personal property that he took. You had only 30 days to appeal the Courts default judgment.

As for the visitation with your daughter, you can petition the court to modify. Yes, you will probably have to (and should) pay CS for her but your new huband's income will not be used to determine the amount.

I would not recommend going this alone because you have a lot of work to do. You need to contact an attorney today and get things started.

--------------------
Don't drink and park, accidents cause people.


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DeeCan
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Re: Divorce by Default in Tennessee !!!! [Re: DeeCan]
      #386353 - 04/07/08 02:00 PM

Also adding....it is IMPOSSIBLE to get a divorce in TN where there is a minor child and both parents don't show proof of having attended parenting classes. In addition, you either have to agree to a parenting plan or go to mediation.

It takes a lot to serve someone by publication (the only way to do it outside of personal service or registered mail, signature required).

Are you sure the divorce the divorce was actually finalized? Call the Court Clerk of the county that is on the "uncertified" copy he gave you, and ask for the status of this case.

--------------------
Don't drink and park, accidents cause people.


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Tam98
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Re: Divorce by Default in Tennessee !!!! [Re: DeeCan]
      #386367 - 04/07/08 02:26 PM

He went to parenting classes and mediation. I was contacted about nothing. I did have a cell phone with me at all times and no none called and I checked the mail but he was stealing my mail when I wasn't looking anyway. I signed nothing. I didn't agree to a parenting plan. I went to TN vital records online and ordered a certified divorce certificate and it said we are divorced. I was confused I never got any letters from his attorney at all and like I said I didn't get served. How do I found out how his attorney supposedly served me???? Would he have some sort of record of how he served me????
Child support wasn't ordered for me at that time so wouldn't he have to go for a new court date and have me served now to have cs set ???? I was a stay at home mother and I haven't had a job in 10 years.

Edited by Tam98 (04/07/08 04:14 PM)


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Tam98
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Reged: 04/03/08
Posts: 9
Re: Divorce by Default in Tennessee !!!! [Re: Tam98]
      #386954 - 04/08/08 03:24 PM

Can I ask his attorney for proof that I was served or should I get an attorney to do it ???? Like I said I wasn't served I want to see his proof. Somebody said I could renegotiate on grounds of improper service.

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