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Can I file a motion to set aside divorce decree for

fraudulent financial affidavit? There is...
Can I file a motion to set aside divorce decree for fraudulent financial affidavit? There is a laundry list of fraud throughout this case, and this is just one issue. I just got the ruling after not hearing from this judge in 9 months and it was sent as though they were waiting for me to respond after 9 months and when I didn't this incredible lopsided ruling came down
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Answered in 20 minutes by:
9/23/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,058
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The divorce itself will not be set aside, but you can file a motion to set aside the property settlement order portion of the divorce decree based on fraud.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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So the divorce itself would not be changed, you are looking to vacate only the property award part of the order.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Ok based on fraud correct? I'm trying to start with the least involvement of paperwork and man hours. I want it to stay in same court without me paying more money that I don't have

Thank you for your reply.

Yes, based on fraud in obtaining the judgment.

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Customer reply replied 3 months ago
you are the expert that looked at my ruling? Correct?

Thank you for your reply. Yes, you asked for me to reply and I was the one who looked at the property division the court just ordered this month.

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Customer reply replied 3 months ago
I see your separating the 2 matters. This is property and the other was divorce? Correct? Since this property ruling I can do a motion for fraud based on this property ruling for not listing the homes on his financial affadivait?
Can I do another motion to set aside divorce decree for fraud as well based on him not providing full disclosure of assets and misrepresentation of marital funds?
So the date of 9 8 can I get these motions in and not have to pay or go to another court? Do I have 15 days?
Remember I'm in a bankruptcy as well not as simple as a straight divorce.
Thank you

Thank you for your reply.

Yes, the divorce or dissolution of marriage will not be vacated, it would cause all types of problems and the court will not vacate that. The property division is separate from the dissolution of the marriage. So you can file a motion set aside the property, but even with fraud in the dissolution that will not be set aside under your circumstances.

Again, you too are talking two different things, you said he did not fully disclose assets, that goes to property, not the dissolution of the marriage.

You can file your motion to set aside/vacate based on fraud for the property settlement, yes.

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Customer reply replied 3 months ago
Thank you expert.
1. So under what circumstances can a divorce decree be vacated? Is it something more procedural/technical /errors? If so can it be done now with the order to set aside.
2. It was ordered for me to give some items to ex he left 2 years ago and I no longer have these items. What do I need to do?

Thank you for your reply.

1) The courts pretty much never vacate the divorce unless there was a major material issue and actually there are pretty much no reported cases of them doing so. Your marriage is over and that you have to deal with. The dissolution is pretty much one person no longer wants to be married and the court granting them out of that marriage. End of deal. It has nothing to do with property matters at all. The person does not want to be married to the other person and the court finds that is the case, they dissolve the marriage itself.

Again, you are fighting or talking about mere property here. If the court ordered you to give the ex property and you no longer have it, then if your ex insists on enforcing that order you will be made to pay for the items you no longer have at a value determined by the court.

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Customer reply replied 3 months ago
I think I beg to differ expert on that. There is case law.There are extinuating circumstances here. 1. being no proof of service i guess this is where paper trails begin and getting hit with well you filed an answer no I didn't and I can prove it. 2. the intentional bk, short sale fraud etc that didn't allow the court proceedings on the dv side to continue in an orderly fashion as it should have.
Instead i had to hire a creditors rights bk attorney. So I guess I just need a strong litigatior and money to get what i deserve. Yes i deserve a fair day in court all rules abided by its called intergrity.
2. So expert would I need to place that statement about not having the items in my motion to set aside? Or can this just be a notice to the court saying I no longer have items?
On a side note this is just incredible grown people and getting other people involved in my life and I didn't ask for it. To think what i worked hard for is trying to be sold to pay attorneys and others while i walk away with bad credit and penninless and homeless, children being destroyed. I want to believe that Ronald Reagan did not intend all of this crazy stuff to have to happen to families when he passed no fault divorce.

Thank you for your reply.

The intentional BK and failure to disclose asset all goes to your property award, not whether there are grounds for divorce.

Failure to serve you the divorce petition would be an extenuating ground to consider vacating the divorce, but that had to be raised back when the order was first entered for dissolution or within 30 days of the dissolution order being entered.

I agree with your side note, it is crazy that when people cannot get along anymore they cannot just part and go their separate ways without all the games and drama they go through to hurt the other party.

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Customer reply replied 3 months ago
Thanks.
I don't believe number 2 was responded to or perhaps I misunderstood. With this ruling can I send in a notice letting the court know I don't have those items? It doesn't seem like it requires a motion for that right?
2. I guess what im confused on is when i get or submit motions i submit a response or answer, then court date then rulings. Then if im not inagreement with the ruling this is where i got or get confused. I dont know if im to submit a "notice" to the court or file a "motion" directly to the court?
Would that be excusable neglect because with my case being so long and tied up in bk for nearly 2 years judge never ruled on anything except that dis solution back in January, howeverwhen I spoke with many experts like yourself they said that since I was in a chapter 13 I couldn't challenge the divorce and property ruling for fraud and or a new trial until my bk was discharged or dismissed or if bk court gave dv permission to divide property. So she ruled so that's why I was under the impression that I could challenge the whole matter, divorce and property.

Thank you for your reply.

If the court order says you had to turn over those items to your ex, you would put in your motion that you no longer have them and what happened to them.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,058
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 3 months ago
Ok thank you expert have a great evening

Thank you.

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Customer reply replied 3 months ago
Regarding the property ruling -can I respond to her ruling first caption reading "response to ruling on property" then do another motion to set aside for fraud ?

Thank you for your reply.

NO, you have to do one pleading covering all of your issues. SO your pleading you file is "Objection to Property Division and Motion to Vacate based on Fraud"

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Customer reply replied 3 months ago
Thank you expert. I am attaching my rough, rough,rough draft- I would appreciate honest constructive criticism if you may-I didn't go and change the heading-
You mentioned earlier if my issues were "extenuating"- since this whole ordeal has been staged from the beginning- I just want to do it right- as I read on the court website how it should be- mines was nothing like it-

thank you for your reply.

You are a subscription customer and as we discussed while it does not cost you anything to open new questions and leave positive feedback beyond your monthly subscription fee, it does cost the experts time in that they do not get credit just for spending time with you. This is new and you need to open it as a new question and we will deal with that there. You need to be mindful of that and I know we get wrapped up in the moments sometimes, but please try to be considerate of giving the expert credit for their time, it costs you nothing extra.

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Customer reply replied 3 months ago
Ok please forgive expert I will do this right away. I will request you again expert .

Please wait until tomorrow, it is the last good weather Sunday for this season here and I have been interrupted by house guests. Thank you for understanding.

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Customer reply replied 3 months ago
Thank you I jus have 1 final question before you go out and enjoy your beautiful Sunday, I was wondering if I have any time left? 15 days it was stamped 9 8 17. Thanks enjoy your day.

You just caught me. 15 days day one being 9/9/17 and it is calendar days.

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Customer reply replied 3 months ago
Ooh ooh that means I got to put this through today. Have a great Sunday expert.

Thank you for your reply.

IF Sunday is the last day, then it must be submitted on Monday.

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Customer reply replied 3 months ago
Ok thank you so I need to open another question correct? I stayed up all night trying to this done. One last question before I repost if im trying to get this in and it's rather long with many exhibits do I have to get all exhibits in as well at the same time?

Yes, please.

DO NOT send me all the exhibits attached. I do not need all of that. However, the exhibits you refer to in your brief need to be submitted to court attached to your brief and copies sent with your brief to the opposing party.

This motion should not be that long, based on your issues it should be fairly direct and to the point on each issue you are raising.

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Customer reply replied 3 months ago
With the bk and this dv going on at the same time the ex with all of the marital funds was able to buy an unscrupulous attorney to paint me in an unfavorable light with this easily led judge
Customer reply replied 3 months ago
Expert I think I closed the question out as you requested yesterday did I not?

Yes, you did close this one yesterday.

Even with everything going on, you do not need long descriptions of every issue. You state the issue and then one or two sentences supporting your argument on why that issue is sufficient to void the order.

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Customer reply replied 3 months ago
Ok thanks I am attaching what I stayed up all night to do.

Sorry, again, I told you open a new question for the reasons explained above. Please remember that and act in accordance with the terms so your expert gets proper credit for all of the time you are taking up with them.

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Customer reply replied 3 months ago
Ok rate than add another question thank you expert
Customer reply replied 3 months ago
How do I rate you and close this out to get a new question and request you again? I thought I had done this yesterday.

this is closed, you asked me that a few minute ago. You rated here already, thank you. Just open a new question and ask for me by name.

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