If your divorce judgment has already been entered your spouses motion to dismiss and answer are too late, and will have no effect on the divorce. If your ex were trying to have the actual judgment set aside he would need to file a Motion under rule 60.
So long as your divorce complaint was properly served, and the hearing properly noticed, he will not be granted relief from judgment. If you left out the vital information regarding your child
My divorce was finalized on the 22nd of Dec. My ex never contested or anything until Dec 31st. Then he filed a answer and Motion to Dismiss. However, when he sent me these there was no hearing date on anything. From what I understand, or think I understand, a hearing should have been scheduled IF these were real documents. Could he just be trying to anger me? His main argument is that we had a child born to the marriage…our child was born 8-22-05 and we got married 1-23-06(she was 6 months old). Wouldn’t his attorney catch that? That is another reason I thnk it is BS.
So my main questions:
What is the usual process following a Motion to Dismiss?
Can a finalized divoce be over-turned? I thought I had completed the process![?]
Kathryn Proctor
What is rule 60 and how does this work?
A rule 60 is a motion filed for relief from judgment. The defendant would need to allege the mistake in the order (relating to the fact that a child was born during the parties’ union (before marriage) and have the court issue a new order with the correct information.