Never received divorce petition but divorced


#1

Hi

I am a citizen of an island in the Caribbean. I was married in the US in Sept 2008. My husband became a green card holder after our marriage. We never really lived together as i was studying in Canada. Last year I realized he was cheating during my last visit and left the US on 2nd May 2009. In Jan 2010 I got a copy of a divorce absolute (NC) in my post box in the Caribbeab. (This indicated I was a citizen of Wake County with a Raleigh address) The envelop was hand delivered as it had no postal information.

I never received any notice of the divorce and obviously someone else signed as me receiving the petition ( as i was not present in US since May 2009 and was never a citizen)

I am not interested in having the divorced over turned but i want the divorce document to reflect that I was not ( NEVER) a citizen of wake county and reflect my proper address in the Caribbean.

My ex husband went about the divorce by lying which could have an effect on me later on. I am a Certified Fraud examiner and i know lying on legal documents can get you into a lot of trouble. The fact that I know he did something and did nothing can incriminate me in the deception. All of this can have a serious effect on me. For example when I approach the US embassy for a Tourist visa or if for some reason I am marrying an American
.
Can anyone tell me how I can have this corrected without creating any legal matter for my ex husband. I honestly do not want to open a can of worms as I am not a revengeful person. I just want things done properly so i can make a clean break and get on with my life without anything comming to affect me later on.

Thanks in advance


#2

If you had nothing to do with the divorce documents begin falsified, you will not be in danger of getting into any kind of trouble. In order to have the documents corrected you will need to file a motion for relief from judgement pursuant to rule 60 of the North Carolina Rules of Civil procedure.


#3

Hi Erin,

How do I go about filing a motion for relief from judgement pursuant to rule 60 of the North Carolina Rules of Civil procedure. I live in the Caribbean and may not get a tourist Visa to visit the US. Are there online forms that i can fill out and have sent registered mail. Or do i have to get a local (my home country) lawyer who can file the forms and interact with the court on my behalf. What is the best way to go about this.

Basically i will be asking the court to change the address on the divorce document. You realise this will indicate that he lied about having papers served, as part of the form states that evidence was received that the divorce petition was received by me at the Raleigh address he affixed.

As i indicated before i don’t want to open a can of worms. Even though I am not happy with what transpired, I do not want to contest the divorce. My faith teaches me that Venegence is Gods alone. What is the probability of the court just changing my document and leaving it there? I really don’t want him deported to my country as he would be in my space (my island is really small) . I just want a proper divorce document that reflect the correct information so I can move on with my life with no future issues

Thanks in advance


#4

If the divorce was improperly granted in the first place the court will not just change the information relating to your residence. The judgment needs to be vacated and the divorce re-initiated. There is no form for a motion for relief from judgment as the underlying facts are different in each case.
My advice is to contact a lawyer in your county to help you through this process.