Incorrect Divorce Judgment


#1

Hello,

After having been separated for over 1.5 years, I had my attorney file for divorce along with partial distribution in Jun 09. That was about the last I heard of it until late Dec when I got notice of a continuation (09 Feb 10) of the motion as well as a related domestic violence complaint. I wrote (email) to my attorney saying that I was determined to be in court on the announced date ready to defend myself against the domestic violence complaint and to ask for a judgment on my motion to grant me a divorce. My attorney met with me in late Jan who then wrote a letter to the other side asking that we settle this all out of court. As usual, crickets from the other side. I attended court on 09 Feb 10 not knowing if I was being represented or not. My attorney did show up and we had a short conversation where I stated my desires and determination to have all three cases heard that day. He assured me that “this would be the last time” (for continuances) but that I would “be divorced” that day.

Three days after court I received a letter from my attorney forwarding the court documents that he had received. Unfortunately, the only order was a continuance of the domestic violence complaint. I went to the courthouse on 16 Feb 10 to see if there was a divorce order. There was one that had just been signed that day. Unfortunately, there is very little accurate information in the judgment. The date of marriage is incorrect, off by almost 3 years, the date of separation is off by two months. The dates would seem random except that both are notable for the pending judgment on ED and Alimony/PSS. The place and even county of marriage are incorrect as well. Additionally, I learned that the judgment was for a motion made by my ex on 15 Jan 10… and the judgment awarded HER the divorce, not me even though I was the plaintiff and she was the defendant. That motion (15 Jan) listed me as the other party but had an incorrect address on it; wrong street, town and county. I have never, ever seen it nor was ever aware of it.

Based on all that, I would like to have the judgment set aside and replaced with one ruling on my motion of Jun 09 with the correct dates for marriage and separation. Do I have a prayer?

Thanks and I’ll see you on your DIY site…


#2

Yes! You need to file for relief from judgement pursuant to Rule 60 of the North Carolina Rules of Civil Procedure.