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Old 02-22-2003, 12:34 AM
darlos98
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divorce


What is the name of your state? ny
i received a summons for my divorce my ex was filing, but at that time, i had no lawyer and did not know what that was. i failed to appear and therefore he was granted the divorce. the problem is that he lied to the judge about many things, my question is, can i fight the final decision? our divorce was final in 2/2000. i can prove that he lied to the court during his deposition. is there anything i can do now??
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Old 02-22-2003, 02:38 AM
ginaguy18p0r
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Old 02-22-2003, 02:00 PM
DRN
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Well, first you'll have to have a good reason for not showing up. That would help. The fact that the divorce was granted in 2000 may hurt you. That was a long time to do nothing.

My guess is that an attorney would probably file an Order to Show Cause asking that the Divorce Judgment be vacated pursuant to CPLR 5015(a)(1) [excusable default] and 5015(a)(3) [fraud, misreprentation by adverse party] . You would also have to file an sworn Affidavit attesting to the facts on which you seek the vacating.

If it is granted, new divorce hearings.


My 2 cents. Good luck.
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