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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116801
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I filed divorce in 2006. I got granted a divorce by

Customer Question

I filed for a divorce in 2006. I got granted a divorce by the Suffolk family and probate in 2010. The judge during the trial denied me the rite to present many evidence. The judge in her Rational included numerous reasons for her decision including a criminal accusation that was being heard by West Roxbury district court, and I was found not guilty. Her decision was done while the criminal trial was pending. During the first day the judge included the evidentiary hearing that I had been requesting for over two years. That decision prevented me from presenting evidence that proves my ex committed fraud on the court. Evidence include medical report proving I am not alcoholic, and voice mail from my ex proving that I was the one that I cared for my kids well being and medical needs not her. Even her divorce decision was done without sending me any notification or summons, which prevented me from appeal. I filed a motion to be allowed an appeal on the basis of clerical error to being notified. The judge allowed me about five days to file for appeal, three of those days where holidays and weekend, thus I was not afforded a time to hire an attorney. I filed for appeal myself but never heard anything from the appellate court. Do I still have a case to appeal that decree. Even my oldest son is willing to testify against his mom now.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if is not likely that 5 years after the divorce that the court will allow an appeal, BUT if you have evidence from your son that contradicts what your ex presented in court and you have just discovered this new information from your son, this is considered new evidence and that could be the basis for you to file in court a motion for leave to vacate the judgment.
However, if you left the country and try to come back and have not paid as you said, there is a good chance there is a warrant for your arrest and you could be arrested coming back to the country, so you would likely want to hire a local attorney and provide him with the evidence from your son to have him try to vacate and modify that prior judgment.