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how can I get a divorce judgement overturned that happen to

Customer Question

how can I get a divorce judgement overturned that happen to me Feb. 23, 2009
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.

Yes, you can file a motion for relief from judgment. This must be filed no later than 1 year after the judgment was entered. Thus, you need to attend to this as soon as possible.

 

Here is the statute that outlines the grounds for this motion.

 

Michigan Rules of Civ. Proc. Rule 2.612 Relief From Judgment or Order:

 

(A) Clerical Mistakes.

(1) Clerical mistakes in judgments, orders, or other parts of the record and errors arising from oversight or omission may be corrected by the court at any time on its own initiative or on motion of a party and after notice, if the court orders it.

(2) If a claim of appeal is filed or an appellate court grants leave to appeal, the trial court may correct errors as provided in MCR 7.208(A) and (C).

 

(B) Defendant Not Personally Notified. A defendant over whom personal jurisdiction was necessary and acquired, but who did not in fact have knowledge of the pendency of the action, may enter an appearance within 1 year after final judgment, and if the defendant shows reason justifying relief from the judgment and innocent third persons will not be prejudiced, the court may relieve the defendant from the judgment, order, or proceedings for which personal jurisdiction was necessary, on payment of costs or on conditions the court deems just.

 

(C) Grounds for Relief From Judgment.

(1) On motion and on just terms, the court may relieve a party or the legal representative of a party from a final judgment, order, or proceeding on the following grounds:

(a) Mistake, inadvertence, surprise, or excusable neglect.

(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under MCR 2.611(B).

(c) Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.

(d) The judgment is void.

(e) The judgment has been satisfied, released, or discharged; a prior judgment on which it is based has been reversed or otherwise vacated; or it is no longer equitable that the judgment should have prospective application.

(f) Any other reason justifying relief from the operation of the judgment.

 

(2) The motion must be made within a reasonable time, and, for the grounds stated in subrules (C)(1)(a), (b), and (c), within one year after the judgment, order, or proceeding was entered or taken. A motion under this subrule does not affect the finality of a judgment or suspend its operation. CHAPTER 2 CIVIL PROCEDURE Chapter Last Updated 12/4/2009

(3) This subrule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding; to grant relief to a defendant not actually personally notified as provided in subrule (B); or to set aside a judgment for fraud on the court.

Roger, Attorney
Category: Family Law
Satisfied Customers: 27061
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
So, how would I write this motion. I'm not sure what grounds I fall under.
Expert:  Roger replied 4 years ago.

The bold terms are the grounds which appear to apply.

 

A motion is simply the way parties communicate to the court. You need to title the document "Motion for Relief from Judgment" and then simply state why the judgment should be overturned - include references to the bold parts of the motion.

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