My ex-spouse was threatening me from giving testimony and also colluded with my attorney who withdrew at last minute.What evidence will I need to prove these allegation.Also, the divorce happened in Texas and I am right now in different state , can I get the case transferred and get the judgement vacated by declaring null and void.
first, you have to go back to Texas and seek to have the judgment vacated. No other state has authority and would not touch the thing.
Before you can file to set aside the original judgment you need to pass on a couple of other things. How long ago was this decision? What evidence do you possess that there was any threats made to you. Did you ask for a continuance when you found out your attorney was withdrawing? What does "at the last minute" mean?
In order to prevail you have to do a motion and you have to have evidence of your position. You would be better off if you had a lawyer representing you but no matter what you need to talk to a Texas lawyer about your chances.
It may be possible to set aside a divorce decree on grounds of extrinsic fraud, depending on a number of key factors not present in your question. For example, when did the decree become final (that is, when did the judge sign the final decree)? This is a highly technical area of civil litigation and you would do well to find a Texas divorce lawyer who is familiar with bills of review. He or she can evaluate your claims and suggest possible remedies.
Great anwer from Mr. Boyer. An experienced divorce attorney will be able to provide you guidance while evaluating any claims you may have.
I would have to know more information to know whether you have a good claim, but the fact you had counsel who withdrew concerns me whether you have any case. Your attorney should not have been allowed to withdraw at the last minute, except for very good cause. But you need to have some consultations with other attorneys. No the cause of action lay in the Texas court where the alleged duress occurred. The cause of action is called a bill of review, but it must be unmixed with any fault on your part. I do not see how he could have prevented you from testifying in your own divorce case, but I am unsure from your limited information.
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