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

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

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Attorney answers 3

Posted

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 for specific help tailored to your needs. www.figgardenlaw.com

Posted

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.

Asker

Posted

the first divorce I had a lawyer that my mom helped pay for. My husband who had 20 yrs military would not even agree to the standard amount awarded a spouse on that. Putting it contested. My lawyer wanted more money. I didn't want to put my mom in that position and I gave up and didn't go . He was actually awarded after everything: 8500.00 and me -17000.00 NEGATIVE.....he did not pay the credit cards he was ordered to pay in 2007. To date he is attempting to run out the statue of limitation and has two cases in the same court as our divorce! I have been quoted 15k and 7k up front! I am unemployed. I have requested court appointed attorney and legal aide noone helps me. I need to know how to try to have the case reopened like what to state in the document. Do I combine with my answer to this case?

Christopher Scott Mcham

Christopher Scott Mcham

Posted

I'm not certain if that would work or not. Generally I like to keep my pleadings separate. You need to talk to some other attorneys. If you don't have one he will get away with it again. If you are able to pay some up front you can often get a payment plan.

Posted

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 legal advice and counseling, you should employ an attorney of your choosing to review the facts, determine what your rights are, and assist you in accomplishing your goals.