Q: Should I hire attorney? married 28 years did not participate in divorce process at all. Final 2020(?) Need support!!!
The case is complex; but he did some terrible things prior to filing for divorce which made it impossible for me to hire an attorney; very very long story short -I had a mental breakdown after being served and spent some time at Pine Rest completely unable to participate! He got a default judgment. I am disabled. But did work for many years. No spousal support in his judgment which was signed as is by the Court. He married six months after and enjoys the same standard of living we always did; having bought himself a new home in Hudsonville, while I struggled to find a room to rent. He left me no car and no money in our bank account. A relative is willing to help me hire an attorney but he lives in New Jersey and the rules are different. I definitely need spousal support and I don't know if I still can...
A:
It's possible, but you have a steep hill to climb, and should absolutely engage an attorney. Your first obstacle would be to set aside the default judgment. Specific rules and criteria apply, as judgments are meant to be final. Not only would you need to convince the court that you had an excuse - which you may due to your incapacitation, but that is date and fact specific, you also need to show a meritorious claim - which, again, you may possibly have for spousal support due to this being a long-term marriage.
Unfortunately, time is of the essence. Whatever successful claims you might have dissipate with each passing day. While not always realistic, the court expects, and his attorney would likely argue, that you 1) knew of the divorce before going to Pine Rest, and that 2) you should have been in the courthouse the next business day after your release addressing this. If you were released prior to entry of the judgment, it's going to be very tough to make a successful claim.
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