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Ray, Lawyer
Category: Legal
Satisfied Customers: 40975
Experience:  30 years in civil, probate, real estate, elder law
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My husband signed divorce papers yet he did not inform till

Customer Question

my husband signed divorce papers yet he did not inform till the papers where served to me in the morning the next day which stated that we are seperated starting from the day he signed the papers yet in order to garantee that im at home when the expeditor come he spent the night and shared the same bed while he had these paper of divorce signed 24 hours before do i have a legal case of deception and fraud against him
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 7 months ago.

You always have the right to use local lawyer to set aside any settlement agreement of decree if there was fraud or misrepresentation involved in your case.You have the burden to raise such issues in court and argue it should be set aside.You will need your own lawyer to seek to do so.

You may well have great facts if you were mislead, lied too, etc.This might amount to fraud on you and really the court as well under California law.

Expert:  Ray replied 7 months ago.

Law that provides for this.

2121. (a) In proceedings for dissolution of marriage, for nullityof marriage, or for legal separation of the parties, the court may,on any terms that may be just, relieve a spouse from a judgment, orany part or parts thereof, adjudicating support or division ofproperty, after the six-month time limit of Section 473 of the Codeof Civil Procedure has run, based on the grounds, and within the timelimits, provided in this chapter. (b) In all proceedings under this chapter, before granting relief,the court shall find that the facts alleged as the grounds forrelief materially affected the original outcome and that the movingparty would materially benefit from the granting of the relief.2122. The grounds and time limits for a motion to set aside ajudgment, or any part or parts thereof, are governed by this sectionand shall be one of the following: (a) Actual fraud where the defrauded party was kept in ignoranceor in some other manner was fraudulently prevented from fullyparticipating in the proceeding. An action or motion based on fraudshall be brought within one year after the date on which thecomplaining party either did discover, or should have discovered, thefraud. (b) Perjury. An action or motion based on perjury in thepreliminary or final declaration of disclosure, the waiver of thefinal declaration of disclosure, or in the current income and expensestatement shall be brought within one year after the date on whichthe complaining party either did discover, or should have discovered,the perjury. (c) Duress. An action or motion based upon duress shall be broughtwithin two years after the date of entry of judgment. (d) Mental incapacity. An action or motion based on mentalincapacity shall be brought within two years after the date of entryof judgment. (e) As to stipulated or uncontested judgments or that part of ajudgment stipulated to by the parties, mistake, either mutual orunilateral, whether mistake of law or mistake of fact. An action ormotion based on mistake shall be brought within one year after thedate of entry of judgment. (f) Failure to comply with the disclosure requirements of Chapter9 (commencing with Section 2100). An action or motion based onfailure to comply with the disclosure requirements shall be broughtwithin one year after the date on which the complaining party eitherdiscovered, or should have discovered, the failure to comply.2123. Notwithstanding any other provision of this chapter, or anyother law, a judgment may not be set aside simply because the courtfinds that it was inequitable when made, nor simply becausesubsequent circumstances caused the division of assets or liabilitiesto become inequitable, or the support to become inadequate.2124. The negligence of an attorney shall not be imputed to aclient to bar an order setting aside a judgment, unless the courtfinds that the client knew, or should have known, of the attorney'snegligence and unreasonably failed to protect himself or herself.2125. When ruling on an action or motion to set aside a judgment,the court shall set aside only those provisions materially affectedby the circumstances leading to the court's decision to grant relief.However, the court has discretion to set aside the entire judgment,if necessary, for equitable considerations.2126. As to assets or liabilities for which a judgment or part of ajudgment is set aside, the date of valuation shall be subject toequitable considerations. The court shall equally divide the asset orliability, unless the court finds upon good cause shown that theinterests of justice require an unequal division.

Expert:  Ray replied 7 months ago.

Lawyer referral

call the State Bar of California at
(866)(###) ###-####/a>

Thanks again, I appreciate the chance to help you.

Customer: replied 7 months ago.
can i bring a civil case against him for sharing the same bed with me while he already signed the divorce papers and not informing me
Expert:  Ray replied 7 months ago.

Well you could bring on based on fraudulent misrepresentation or similar claims.If you lost money in the divorce you can also seek to set aside the decree.

I appreciate the chance to the help you today.

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