Can I sue opposing counsil?

[nldodson]

What is the name of your state? Oklahoma

I have been sued in Oklahoma for a common law marriage. I was divorced in 1993 and my ex-wife and I have lived together on and off since around 2003. I anticipate that we will prevail that no common law marriage exists as she has lived with numourous other men as well.

On the exact same day that her attorney sued in Washington county asking the court to rule on the common law marriage he went to another county (Nowata) and filed for back child support from 2001. (I have reciepts that show payment) In effect on the same day her attorney asked one county to find that a common law marriage existed and in the other county asked that the court enforce the 1993 divorce decree. In my opinion the attorney had to know that one or the other pleading was false. My question is can I sue her attorney for knowingly filing false pleadings?What is the name of your state? Oklahoma

[weenor]

Originally Posted by nldodson

What is the name of your state? Oklahoma

I have been sued in Oklahoma for a common law marriage. I was divorced in 1993 and my ex-wife and I have lived together on and off since around 2003. I anticipate that we will prevail that no common law marriage exists as she has lived with numourous other men as well.

On the exact same day that her attorney sued in Washington county asking the court to rule on the common law marriage he went to another county (Nowata) and filed for back child support from 2001. (I have reciepts that show payment) In effect on the same day her attorney asked one county to find that a common law marriage existed and in the other county asked that the court enforce the 1993 divorce decree. In my opinion the attorney had to know that one or the other pleading was false. My question is can I sue her attorney for knowingly filing false pleadings?What is the name of your state? Oklahoma

While this is crappy for you, it is not unusual for the ex's to gang up and use the same attorney. However, the lawsuit for back child support is legal and probably based on what the ex's said and not very well researched. You can try for sanctions against the lawyer, but in all likelihood if you cannot prove that the lawsuit was intentionally and knowingly false (very difficult) you'll get nothing. The better idea is to file a motion for attorneys fees (if you have a lawyer) against your ex. If you don't have a lawyer, show up with your proof of payment and be done with it. Note: it is your burden to prove you did pay.

[acmb05]

Originally Posted by weenor

While this is crappy for you, it is not unusual for the ex's to gang up and use the same attorney. However, the lawsuit for back child support is legal and probably based on what the ex's said and not very well researched. You can try for sanctions against the lawyer, but in all likelihood if you cannot prove that the lawsuit was intentionally and knowingly false (very difficult) you'll get nothing. The better idea is to file a motion for attorneys fees (if you have a lawyer) against your ex. If you don't have a lawyer, show up with your proof of payment and be done with it. Note: it is your burden to prove you did pay.

Ummm I think that it is only one ex not two that he is talking about. He got divorced and then ended up living with his ex on and off. The common law marriage is between him and his ex wife not him and another woman.

Of course I could have read it wrong also.