Motion to set aside judgement granted in divorce.

[puttputt08]

What is the name of your state (only U.S. law)? Oregon

My exwife and I co-petioned a divorce last year. We started the paperwork in August of '09. She filled out all the paperwork, went to the courts to see the reviewer and then went to the parenting class that is mandatory for the final decree. We both signed the 90 day waiting period waver and then I filed the papers in September '09. The papers stated that we were to have 55/45 custody of the kids with it being 8days with her and 6days with me. Child support was not ordered because of the time aggreement and that I would pay all medical bills and for things that the children needed. She finally made her move from the house a month later and gained her own residience. She was never really happy with the fact that we got a divorce. During the process I gained a Girlfriend. SHe was mad that I had her around the kids and then wouldn't let them see me except for when the girlfriend wasn't around. Then she went and retained an attorney and filied papers in january of '10 to set aside the judgement saying that she never had any idea what the divorce papers had said and that they were midleading and fraudlent. This was all in her affidavit to the judge. The judge granted it. Then she then took the kids from school when it was my time with them and said that becuase we are techincally married she could. She is asking for full custody, the house and half of everything else. What can I do? I had talked to an attorney and he seems as perplexed as me. What course of action do i need to take? Am still married? DO I have to add her back to the insurance?What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon

My exwife and I co-petioned a divorce last year. We started the paperwork in August of '09. She filled out all the paperwork, went to the courts to see the reviewer and then went to the parenting class that is mandatory for the final decree. We both signed the 90 day waiting period waver and then I filed the papers in September '09. The papers stated that we were to have 55/45 custody of the kids with it being 8days with her and 6days with me. Child support was not ordered because of the time aggreement and that I would pay all medical bills and for things that the children needed. She finally made her move from the house a month later and gained her own residience. She was never really happy with the fact that we got a divorce. During the process I gained a Girlfriend. SHe was mad that I had her around the kids and then wouldn't let them see me except for when the girlfriend wasn't around. Then she went and retained an attorney and filied papers in january of '10 to set aside the judgement saying that she never had any idea what the divorce papers had said and that they were midleading and fraudlent. This was all in her affidavit to the judge. The judge granted it. Then she then took the kids from school when it was my time with them and said that becuase we are techincally married she could. She is asking for full custody, the house and half of everything else. What can I do? I had talked to an attorney and he seems as perplexed as me. What course of action do i need to take? Am still married? DO I have to add her back to the insurance?What is the name of your state (only U.S. law)?

Did the original agreement give you both an equal share of the marital assets? If not, based on your timeline it appears that the actual divorce was very recent, and therefore it could be reasonable for the property settlement to be reopened. Apparently the judge thought so.

I don't believe that you are still married, however, again its quite possible that the terms of the property settlement and child custody/child support have been reopened.

 

[puttputt08]

It does say that we were to equally divide the marital assests. She only took what she wanted. As for the custody it was writen as 55% to her and 45% to me with alternating holidays.

 

[LdiJ]

It does say that we were to equally divide the marital assests. She only took what she wanted. As for the custody it was writen as 55% to her and 45% to me with alternating holidays.

Marital assets consist of equity in the home, retirement accounts accrued during the marriage, bank accounts and brokerage accounts that accrued during the marriage, vehicles, home furnishings etc. Marital debts should also be equally divided.

I cannot see an attorney encouraging her to reopen things unless there were fairly significant marital assets that were not evenly divided.

As far as child support is concerned, even with a true 50/50 timeshare (which you do not have) normally the parent with the higher income is required to pay some child support to the other parent. So, if your income is higher than mom's that's definitely something that can be reopened.

Again, it appears that the judge felt that it was appropriate to reopen things. That tends to indicate that your agreement was onesided.

Perhaps you should get your own attorney.

 

[Ohiogal]

Setting aside the judgment does NOT set aside the actual divorce. It only opens up the property settlement and perhaps child custody. It depends on what she exactly asked to be set aside and re litigated.

 

[mistoffolees]

The judge granted it. Then she then took the kids from school when it was my time with them and said that becuase we are techincally married she could. She is asking for full custody, the house and half of everything else. What can I do? I had talked to an attorney and he seems as perplexed as me. What course of action do i need to take? Am still married? DO I have to add her back to the insurance?What is the name of your state (only U.S. law)?

You need to see an attorney who is not perplexed and knows how to practice law.

Typically, the court will only reopen a settlement if there is something that appears to be fraudulent or one-sided (and even that is OK if the parties are represented by attorneys, but if one or both parties are not represented by attorneys, it raises red flags.

I'm assuming that you got a final decree? If so, then the divorce is final. The court can reopen property settlements and custody, but not the divorce itself. I would ask your attorney about the insurance, but I doubt if you have to put her back on.

Now, if the timeline is what I think it is, then the fact that she asked for the house and half of everything else doesn't mean she'll get it. In fact, she may not get ANY changes to what you agreed to (the fact that her demands are unreasonable immediately calls her motives into question). You need an attorney to explain to the judge that you had a reasonable agreement and both parties were satisfied with it until she decided to get greedy. if you got your girlfriend after the divorce was final, then it would not be hard to convince the judge that she reopened the case only to be vindictive. If, OTOH, you were dating before the divorce was final (therefore, while still married), that argument might backfire.