Absolute Divorce Completed, now what?


#1

Erin,
I have a small problem. My wife committed perjury with her claim for absolute divorce, filing that we had been separated since October 2008, when our real separation date is February 2010. I submitted an answer outlining this. The next notice I get is a divorce judgement wholly dissolving our marriage, when we have not discussed equitable distribution or alimony which I am entitled to. There was a hearing apparently on April 16th, 2010, and I wasn’t notified in any way.

Do I have any recourse?

Thanks,
Jeff

At this time, due to being laid off from my job, I am acting pro se.


#2

The divorce is invalid. You need to file a motion for relief from judgement under Rule 60 of the North Carolina Rules of Civil Procedure. You will need to outline in your motion your reasons (fraud and lack of service) for seeking relief from the judgment, serve the motion on your spouse and set a court date to present your side of the story to the court.


#3

Erin,
I can’t seem to get any help regarding filing this motion. Could you give me an example of what is needed and what a sample motion for filing this would look like?

Thanks again for all your help!

Jeff


#4

You may want to read Rules 59 and 60 of the North Carolina Rules of Civil Procedure, as the motion would be made pursuant to those rules.

Providing samples is beyond the scope of this forum, however it is part of the DIY service we offer. I have provided the link below.

http://www.rosen.com/diy/