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Divorce was filed via Publication in GA, however, Plaintiff

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had knowledge of where Defendant...
Divorce was filed via Publication in GA, however, Plaintiff had knowledge of where Defendant lived and had communicated with Defendant prior to and after a Divorce Decree was entered, but failed to tell Defendant that she was filing for Divorce until after the Order was entered. Defendant would like to have the Order Vacated based on the fact that is was obtained fradulently. What is the proper procedure to have a Divorce Decree Order vacated in GA based on fraud.
Submitted: 8 years ago.Category: Family Law
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Answered in 5 minutes by:
7/1/2009
Family Lawyer: lwpat, Lawyer replied 8 years ago
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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You can file a petition in the court to have a hearing and to have the decree declared null and void. However, what will this accomplish for you? Your approval or signature is not required for a divorce. Unless there was also an order for division of property or alimony, then all that will happen is that you will be served with a new complaint and the divorce decree will be issued again so you will gain nothing.
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Customer reply replied 8 years ago

Marital Property is involved and other finances that Defendant is entitled to....so the first step is to file a Petition to have the case heard again, would this be called a Petition to Vacate Divorce Decree Order?

Family Lawyer: lwpat, Lawyer replied 8 years ago
That would work. If there is property and finances involved you really need to retain an attorney to move this along before everything disappears. You would need to file a temporary restraining order to prevent anything from being sold or transferred.
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Customer reply replied 8 years ago
Are your answers based on General or Georiga Law? Thank you for your help.
Family Lawyer: lwpat, Lawyer replied 8 years ago
Here they are both the same. There was fraud on the court and that is the same in every state,
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