What is the name of your state (only U.S. law)? Mississippi
I am curious if there is a way to reopen a divorce. My ex and I filed irecc diff but thats not the case. She cheated and at the time all I had was suspicion. I now have proof and was wondering what process if there is one i need to go through. thx
There are means of setting aside orders and decrees made final by the court particularly when they are procured by fraud committed upon the court.
However, the lone fact that your spouse deceived you into falsely believing that she had remained faithful during the marriage would not be grounds for setting aside the decree of divorce and reopening the proceedings.
To set that decree aside you would need to prove that it was produced by a fraud committed upon the court to such a degree as to corrupt the proceedings and prevent an impartial adjudication of the case. (Citations of authority available on request.)
There are of course instances where one party’s fraudulent conduct both victimizes the adverse party and corrupts the court proceedings as to render them void.
But there is not evidence here that the former spouse received favorable treatment from the court as result of her intentionally deceiving the court.
Not in my humble opinion, anyway.
