Divorce Modification to Annulment based on Fraud

[GregR62]

What is the name of your state? Florida

Divorced PRO SE Un-Contested in 2002 while overseas Japan in the Military, Spouse filed in FL. Original Marriage was because of daughter born out of wedlock June 1987 and then brought Spouse as Fiancee from Philippines married Aug 1987.....

After returning from overseas bought Non-legal binding DNA home kit AND results are 0 % probability of being Father, 10 of 15 markers NOT match.

My question: Can Original Divorce be MODIFIED into an Annulment based on NEW evidence of Fraud or must I file NEW Annulment papers??

 

[rmet4nzkx]

What is the name of your state? Florida

Divorced PRO SE Un-Contested in 2002 while overseas Japan in the Military, Spouse filed in FL. Original Marriage was because of daughter born out of wedlock June 1987 and then brought Spouse as Fiancee from Philippines married Aug 1987.....

After returning from overseas bought Non-legal binding DNA home kit AND results are 0 % probability of being Father, 10 of 15 markers NOT match.

My question: Can Original Divorce be MODIFIED into an Annulment based on NEW evidence of Fraud or must I file NEW Annulment papers??

Your are divorced. Do you have others questions, re paternity fraud, child support, custody, visitation or green card?

 

[GregR62]

Ex is now trying to come ater my Military retirement BUT if I can get marriage annulment VICE the divorce based on Paternity fraud. Thats why trying to find out about IF original Divorce can be modified into an annulment OR can I file for Annulment after the divorce based on new evidence that marriage was a fraudulent why to get to US......Thought about notifing Homeland Security too afterwards.

Thanks for your reply

 

[rmet4nzkx]

When did you discover the fraud? It is possible that you would have to sue her for paternity fraud, that would take care of access to your military retirement. You were married 15 years, Flordia is an equitable distribution state, you may be able to modify your settlement based on the fraud.

 

[Gracie3787]

What is the name of your state? Florida

Divorced PRO SE Un-Contested in 2002 while overseas Japan in the Military, Spouse filed in FL. Original Marriage was because of daughter born out of wedlock June 1987 and then brought Spouse as Fiancee from Philippines married Aug 1987.....

After returning from overseas bought Non-legal binding DNA home kit AND results are 0 % probability of being Father, 10 of 15 markers NOT match.

My question: Can Original Divorce be MODIFIED into an Annulment based on NEW evidence of Fraud or must I file NEW Annulment papers??

Florida Rule of Civil Procedure 1.540 puts a 1 years time limit on filings for modification/other relief that is based on fraud.

However, IF your ex's financial affidavit can be proven to be fraudulent, then Florida Family Law Rule 12.540 allows for filing without time limit. It is a very seldom used rule, but it does exist and it may or may not help depending on the circumstances.

 

[seniorjudge]

A judgment in a dissolution of marriage lawsuit cannot be modified into an annulment. An annulment is a form of action that said a marriage never existed (for whatever reason). You are not married to this woman so there is nothing to annul.

As far as the fraud on the paternity, see a lawyer.