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Lawmoe
Lawmoe, Family Law Attorney
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Experience:  Family Law Lawyer for 19 years
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I got the following definitions from divorcesources.com COERCION

Resolved Question:

I got the following definitions from divorcesources.com:
COERCION - pressure, either implied or expressed or both, that negates free choice.
DUE PROCESS - the right of self defense in court in a fair and systematic manner, guaranteed by the Fifth and Fourteenth Amendments to the U.S. Constitution.
DURESS - any unlawful threat or coercion used to induce another person to act or not to act in a manner he or she otherwise would or would not.

I am having I difficult time finding an attorney to be "on my side".
I intend to file some/all of the following motions and let the court sift through them:

MOTION TO RESIND/SET ASIDE DIVORCE JUDGEMENT
MOTION FOR CHANGE OF CUSTODY
MOTION FOR JUDGE TO RECUSE HIMSELF FROM CASE
MOTION FOR FAIR AND OBJECTIVE INVESTIGATION BY THE FRIEND OF THE COURT

I do not need a lawyer to lecture me on the foolhardniess of these motions. I need a lawyer who will accept that my 5th amendment rights were violated repeatedly throughout the divorce process, and what ...
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawmoe replied 4 years ago.

When was the decree entered? In what state was it entered?

 

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Expert:  Lawmoe replied 4 years ago.

Under Michigan's Rules of Civil Procedure 2.612 (c) which also applies to family law cases, a Motion to vacate or reopen a Judgment must be brought no later than one year after the Judgment was entered. There is no stated cause of action for coercion or duress, but arguably those issues could be addressed in sub -paragraphs (c) or (f) in the rule included below.

 

 

Michigan Rules of Civil Procedure 2.612 (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.

 

You must serve a Motion with an attached affidavit outlining the basis for the relief sought. In your case, you would identify the Rule of Civil Procedure above and then address in detail your basis for believing that coercion of duress apply. If you had psychological issues at or around that time that were being treated, such as depression, etc.., it would be wise to include those records and/or a letter from the treating psychologist indicating that you were susceptible to suggestion or pressure at the time and/or that you were incapable of making an informed decision.

 

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Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience: Family Law Lawyer for 19 years
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