How can I have my default divorce from 2007 reheard, set aside or dismissed. I have just found fraud.

Asked over 1 year ago - Georgetown, TX

He stated Divorced on police report on k cash assets he hid but claimed I stole . Were married ! 7 Mths After divorce I was arrested on warrant 4 funds & property . I defaulted on final hearing due to threats & no cash . 10k error on debt , listed twice . Kept funds from property sales didn't list property , didn't apply 2 cc debt . Failed to report divorce 2 military & received spousal pay from 2006 to 2013 . Can I have divorce reheard seek damages 4 warrant ? It was from divorce & no notice by him ? We Remarried , Now he stole inheritance , hid & denied access 2 income , economic tort domestic abuse . What to state on answer 2 current divorce he filed cruelty . Want to answer properly & have our past divorce reheard . He filed 4 divorce 3 times in 18 mths . Conning for money . Please help me

Attorney answers (3)

  1. Christopher Scott Mcham

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You may not be able to have the original divorce overturned but you may be able to reopen it for the purposes of dividing the undisclosed assets. The fact that you have remarried each other complicates things.

    It sounds like he took advantage of you last time because you didn't have a lawyer and didn't know how to fight back. You have got to hire a lawyer this time. The average retainer for a divorce is $2,000 to $5,000. Many attorneys, such as myself, offer payment plans.

    You need to call an attorney today. Remember that the default deadline is approaching and you need to file an answer to avoid another default.

  2. Leonard R. Morgan

    Contributor Level 2

    Answered . It looks like you have a mess on your hands. When a default judgment is taken the law will allow a person to attach the judgment, but I do not know the exact circumstances surrounding your particular situation. However, when there is a divorce, and then a subsequent remarriage to the same person, things do get a little more complicated. I would be glad to look at your original decree and see what circumstances existed at that time. There is always a way to challenge the final order if there was actual fraud involved. Proving the fraud might be a difficult issue, or it might be obvious. Please feel free to contact me and make an appointment.

    Leonard R. Morgan
    (512) 931-2665

    The information above is not a substitute for legal counseling and cannot be guaranteed in any way. For effective... more
  3. Sean Patrick Lewis

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It sounds like your situation is rather complicated, but can be helped greatly by having an attorney on your side. The solution that attorney seeks will depend on what you really want.

    Please get in touch with a local attorney, either through this website, or by asking around to your friends whether they know of a decent attorney.

    Good luck!

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Default Judgment in Divorce: When the Defendant Never Responds

Default divorce judgments are one-sided judgments favoring the plaintiff. They may be granted if the defendant doesn't respond when served.

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