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Can an uncontested divorce judgment be successfully appealed

Los Angeles, CA |

couple divorces and because of issues wife decides not to contest only because an agreement between soon to be ex and hers kids that in the future when her issues are resolved and she gets better she will get her half. in the mean time, 6 yrs now , the ex agrees to help her out in time of need. Wife agrees. Now that ex wife is good and in need of help w her kids telling father its OK to give her her half he has become a different person because of his current girlfriend that he now longer feels the need. the assets between them when married were and still are 26 properties fully paid, a company started by both 30 some yrs ago that produces about 2 million a yr and the machinery was paid for by the wife when it was started and they whr married 25 yrs . kids will testify to agreement

Attorney Answers 5


Wife needs to consult an attorney. The procedure would not be to appeal but to set-aside the judgment based upon extrinsic fraud. Whether it would be successful depends on facts not stated. One thing is certain: the longer she delays in getting legal help the more expensive and harder it will be for her to obtain any relief.

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I agree with Mr. Daymude, except that it is not clear whether wife wants to vacate judgment or enforce it. In any event she needs a family law attorney asap. This is not an appeal situation (yet).

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This is a complicated issue and will require forensic auditing / experts, tracing and basically back-tracking to account for assets. Get on this immediately. Consult with an attorney immediately. Best of luck.

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I will agree with my colleagues . This is a serious a complicated issue that you need serious advise with an attorney.

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The time to set aside the judgment has passed. The time for an appeal has passed, as well. However, you say there is an agreement. was it in writing? Kids testifying to it's terms will likely not be sufficient. Also, if the agreement involved real estate, it is retired to be in writing, not simply proved as an oral agreement. Defaults often include statements made to the court. It may be helpful to get the entire court file, AND the transcript of the default prove up. Then, take the whole package to an attorney to review and render some opinion as to whether you have any action that can be taken legally. This long term marriage, with kids, and such significant assets should not have been allowed to resolve by default with the interests of both parties fully protected.

The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.

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