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How much proof is needed to set aside a divorce judgment?

San Diego, CA |
Filed under: Divorce Civil motions

In a motion to set aside the judgment on a divorce, what is enough proof to grant the motion? My ex-husband lied about and failed to disclose material facts about real properties, including purchase dates, and fabricated false deeds. He was the managing spouse and had full financial control. After the divorce I located original documents from which I learned what he had done and which contradict his documents. If he lied about 8 properties and failed to disclose 3 others, must the exhibits include all of the properties, or can some of the stronger representative examples suffice on a motion? How much is considered enough?

Attorney Answers 2

Posted

Impossible to say without ALL the facts, and ALL the background (how long ago was the judgment?) The more evidence of fraud or concealment you can provide, the more likely it is that you may be successful, so the motion should include ALL the evidence you have. You need to review ALL the facts with an EXPERIENCED family law attorney; a successful motion to set aside a judgment is NOT going to be a "do it yourself" project,

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Posted

Any substantial facts is enough to file but it is impossible to predict outcomes. It very subjective as there is no jury and it is a judge that will determine the facts and the law.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.

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