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vacating a divorce order

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Dawn Krajenka

Guest
What is the name of your state? wa. my "ex"? husband moved to california in april of 2002, and filed for divorce in april of 2002!! i need to know the procedure of how to vacate this order or judgement. i still plan on divorcing since he had an extra marital affair and abandoned me with nothing, but i want to do it in our home state of wa. he is an over-the-road truck driver and near impossible to serve. help:confused:
 


I AM ALWAYS LIABLE

Senior Member
Dawn Krajenka said:
What is the name of your state? wa. my "ex"? husband moved to california in april of 2002, and filed for divorce in april of 2002!! i need to know the procedure of how to vacate this order or judgement. i still plan on divorcing since he had an extra marital affair and abandoned me with nothing, but i want to do it in our home state of wa. he is an over-the-road truck driver and near impossible to serve. help:confused:

My response:

You may be able to have the California order vacated due to jurisdictional defects; i.e., California did not have jurisdiction to hear the matter because his residency had not been established. The California courts obtain jurisdiction when someone has lived in the State for 6 months, and 3 months within the county of residence.

However, if you're not able to prove the jurisdictional defect, then it's all over - - and the dissolution will stand. You see, it has probably been more than 6 months since the judge signed the order of dissolution. If that's the case, Code of Civil Procedure section 473 only allows you 6 months to have an order vacated on certain grounds (other than jurisdiction).

Unless you have rock solid proof of when he moved to California, then I think you may have waited too long.

IAAL
 
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Dawn Krajenka

Guest
vacating a divorce

this divorce became final on oct. 27, 2001, and i did reply to the placer county court, but the judge never saw my reply because the clerk sent it back to me and said that default had already been ordered and it was too late to respond. any help? i can establish the fact that he moved there in april and filed in april, he still has a wa federal drivers license and still gets mail up here.
 

I AM ALWAYS LIABLE

Senior Member
Re: vacating a divorce

Dawn Krajenka said:
this divorce became final on oct. 27, 2001, and i did reply to the placer county court, but the judge never saw my reply because the clerk sent it back to me and said that default had already been ordered and it was too late to respond. any help? i can establish the fact that he moved there in april and filed in april, he still has a wa federal drivers license and still gets mail up here.

My response:

I presume your reference to 2001 was an error; that it should have been "October 27, 2002." Regardless, his having a Washington driver's license, or that he still receives mail in Washington State is NOT conclusive evidence of his alleged Washington residency. People move all the time without changing licenses or without changing their address through the Postal Service. His "conclusive evidence" would be that he has a California lease, has California utility bills, Telephone bills, etc.

So, like I said, unless you can prove a rock solid ground for a jurisdictional defect, it's all over. If you think you can, you've got to move quickly because your 6 months under Section 473 is almost run out.

Good luck.

IAAL
 
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Dawn Krajenka

Guest
vacating a divorce

you are correct, it was 2002. shouldn't the burden of proof of residency be on him, though? what he did was move his girlfriend to her parents' house, and went on the road. we had alot of contact through the year, and he took me on the road with him, even after the divorce was final, he still held me out to be his wife. he then decided we would stay in spokane and asked me to rent an apartment, which they ran a credit check on both of us, as a married couple, then decided he couldn't leave the child he has with this other woman, left me hanging. to the very best of my knowledge, he has no lease with this woman, he does not pay utilities in his name, he just recently put her up with another of her friends in lake elsinor, now she just recently moved in with another friend in la county somewhere, i'm guessing palmdale. i can't prove this, but he can. can i search phone and utility records in ca to see if he has an account with them now? believe me, i know this man, he's a truck driver, he takes on nothing. he puts up with her to keep his kid. i really appreciate you taking the time to talk to me. i'm very confused. i have more info for you but it said to be brief.
 

stealth2

Under the Radar Member
If you're planning on divorcing him anyway - what's really the point? All it will do is cost you more money.
 
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Dawn Krajenka

Guest
vacating a divorce

thank you for your reply momma_tiger. There are several reasons i want to do this, one is monetary, the other is control. you'd have to hear the whole bitter story of how he abused my children physically and emotionally, for years, and no one ever told me until they were adults. he emotionally raped me, he committed adultery, had a child out this relationship, asked me to give up my children, and he wouldn't do the same. now he has this other woman brainwashed, and she's evil to the core, i don't know it's a closure thing for me, an honor thing, and after cracking up for the last 5 months, i think it would be good therapy for me to have the last word.
 

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