Preventing Absolute Divorce


#1

My ex committed perjury and pushed through an absolute divorce a month after we separated. My 50B motion has taken long enough to get through the courts that by the time it is heard, the year long waiting period will be over.

Is there any way I can prevent her from walking out of the courtroom directly to the clerk and refile the absolute divorce until she deals with equitable distribution? Since I left, her stance has been that she gets everything in the divorce.

Thanks!

Jeff


#2

You must file an answer to her complaint denying her allegation that you have been separated the requisite year and a day. You will also need to file a counterclaim for equitable distribution.


#3

Wow! Fast response Erin!

I guess my main concern is how to prevent her from just pushing through the absolute divorce again without equitable distribution being complete. It seems since it will be past the year-and-a-day timeframe, I cannot use that as a way to overturn or block the absolute divorce.

Jeff


#4

The divorce can go through prior to ED being completed, but the claim must be filed before the divorce is granted.


#5

Is it likely she will be charged with perjury because of this?

Thanks!

Jeff


#6

That would be up to the DA.


#7

How is it requested, can a motion be made during the divorce hearing for the D.A. to prosecute a spouse on perjury charges? Or is there another path available for this? Also, can counsel for my spouse be made responsible for participating in a deceit? Can a motion for rule 11 sanctions be made during the hearing or should it be filed in writing before the hearing?


#8

You cannot make a motion at the divorce hearing requesting a prosecution for perjury, but you may file a rule 11 motion in the divorce action.
As far as a potential prosecution goes, you need to contact the DA’s office in your county.


#9

[quote=“Erin Clarey”]You cannot make a motion at the divorce hearing requesting a prosecution for perjury, but you may file a rule 11 motion in the divorce action.
As far as a potential prosecution goes, you need to contact the DA’s office in your county.[/quote]
Can the rule 11 motion be made verbally during the hearing or should it be filed prior to it? Thanks!


#10

It should be filed prior to the hearing, and you will also need to ask the clerk to add the motion to that day’s calendar and send notice to the other side.