• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

darlos98

Guest
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??:confused:
 


D

DRN

Guest
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.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top