If it has been a year since the decree, and you want to appeal, you have to apply to the Court of Appeals for permission to conduct the Appeal. It is out of the jurisdiction of the Probate and Family Court.
This is complex so get a lawyer.
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
In all likelihood, it is too late to take any action to "undo" the divorce and seek an annulment. Similarly, you are not likely to prevail on a motion to vacate the original divorce decree. You should consult with a local attorney regarding your specific facts and circumstances -- and this exemplifies why you should perhaps have consulted an attorney at the time.
No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.
You should understand that an appeal of this nature is highly unlikely to prevail for a number of reasons, not least of which because your time to appeal has expired. Also, an annulment is nearly impossible to get based on "fraud". The burden of proof on your part is very high and the lapse of time, the duration of the marriage and the continued cohabitation of the parties after you presumably discovered the fraud do not bode well for your argument. Lastly, an uncontested divorce has the same "value" as a contested one. Your ex was incorrect in assuming one would have a lesser impact on his immigration status.
Look on the bright side: you are divorced and have been for over a year. Ultimately, you are free of this manipulative person. Trying to re-open this matter for vindication of your hurt feelings is inappropriate, will not be condone by the court and you will be churning up past hurts for no vlaid, lawful purpose. Try to move on with your life.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
Divorce Annulment of marriage Uncontested divorce Divorce court Divorce decree Dating during a divorce Divorce appeals Immigration and divorce Immigration Immigrant status Criminal charges and immigration status Divorce and family Criminal charges Fraud Duress and criminal charges Family law Appeals
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.