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motion to vacate decree

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n2fun

Junior Member
What is the name of your state?What is the name of your state? Oklahoma

I was legally served a divorce decree and child support agreement by mail. There was not a signature required. But that's ok.

The income amounts on the draft were incorrect. (obviously higher...lol)

I called the attorney and advised him of the error. He said to fax the information to him.

I faxed the information to the attorney.

A date was never communicated to me as to when this matter was set for court.

I never saw another draft.

I subsequently recieved a judgement in the mail...with no changes from the first draft...using the incorrect income amount.

I now have 10 days to file a motion to vacate.

1. Where can I find a "motion to vacate decree" form
2. Would conduct of this nature be considered to be negligence, misrepresentation or something to that effect?...to file papers that the attorney knows to contain false information. This seems very unethical. Am I wrong?
3. Is "motion to vacate decree" the proper form?

Thanks in advance for your time attention to this matter.

Kim
 


AZGINGERLEE

Junior Member
motions to the court

ginger arizona
a motion to the court can be for any request...a motion is to ask the court to do, change, set a hearing, quash, dismiss, do anything you want to ask the court to do, etc. You just title it Motion to "blah blah blah"...and then explain whatever it is you want and why you are asking for it. You might find a form online or just make up your own. You can attach documentation also.
Don't forget to send the other parties a copy of what you file with the court.
 
You should really seek the advice of an attorney here. You can file a motion to vacate. However, there may be other things you can do as well. You'll need an attorney to look over the decree. Quickly as well.

[email protected]
 

southernandi

Junior Member
Kim,

I am in Oklahoma too. Fighting my ex-husband. Just getting ready to file my motion to vacate. You can email me. It would be nice to have someone who is going through the same thing to talk to. [email protected]
 

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