Q: Can I repeal a divorce case?
Fyi my divorce has already happens but my ex husband went through with it with out my knowledge. I was never personally served the divorce papers my mother in law was the one who was handed my divorce papers by the person who served them, I didn't have any representation and was unaware of the court date for the hearing. I didn't make it to court because of this and my ex was awarded everything he wanted including me out of our home. I have no job or way of supporting myself I was a stay at home mother to 3 children for 8 years as my ex expanded his career and ultimately began his own successful a.c. and heating business. We were separated not legally but still residing in the same home for 3 years working things out off and on before he decided to get a divorce behind my back so I couldn't fight back in court and him lose anything we both gained during the marriage. Can I repeal this case?
A: It sounds like you were aware that the papers were being served, although they were not personally handed to you. If you knew the matter was pending and there was an attempt at service, your failure to respond and participate in the litigation is on you. As he likely proceeded by default, there probably was no hearing. If you can show proper grounds and if your request is timely, the remedy available to you is a "motion to set aside" the judgment (not a "repeal"). Whether you have grounds to set aside the judgment is not clear from your question. It's also not clear when judgment was entered and therefore not clear whether you have already missed the deadline for having it set aside.
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