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Question regarding appealing an uncontested divorce when found in default

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  • Question regarding appealing an uncontested divorce when found in default

    Good day all! It appears that my ex is trying to come after me a year after our divorce was finalized. I ended up going to court to finalize our issues and went uncontested and she was found in default. I received a final order with numerous items, excluding spousal support. My question is, is there not a time limit to when someone can appeal a final order? Everything I've read online states that there's a 30-60 day limit to contest an order. She and her lawyer came after me shortly after the decision, but nothing came to light. She didn't appeal at the time and now her lawyer is trying to get money out of me without going to court. I've basically told my lawyer that there's no chance I will hand over anything after the HUGE $$$ spent to this point, finalizing what I'm entitled to. Has anyone experienced this or ever heard of it? Just trying to figure out if this is a bullying tactic or if there are grounds that it could be overturned. Thank you in advance for any help you could give.

  • #2
    If she wanted to challenge it she would have to appeal it and that would mean having to meet the conditions of an appeal.

    I would tell her lawyer she had an opportunity to challenge the matter during the process and she chose not to. Then put her on ignore.

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    • #3
      She can file a motion to change, but it has to meet the merits. Until you get something official from the Court you don’t need to engage with her. Anything to do with children - parenting time, access, custody, and CS, is more likely to have merit than simply money matters like equalisation/SS/property unless there has not been full financial disclosure or proper notice of the prior Application.

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      • #4
        Originally posted by Tired_Dad View Post
        ... She and her lawyer came after me shortly after the decision, but nothing came to light. ...
        Did the "coming after you" involve serving you with a notice of appeal?

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        • #5
          Her lawyer sent my lawyer an email, basically asking for money without going to court!

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          • #6
            Then tell your lawyer to ignore it.

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            • #7
              /ignore

              Letters are not binding. Only respond to motions.

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