How was it done illegally? We need more information.
The only way that I know a divorce would be illegal is that the one year one day separation requirement was not met and the date of separation was lied about. I do not know if that would “overturn” a divorce, but I do think that would mean that the couple is not legally divorced.
YES THE SEPARATION DATE IS A LIE AS A MATTE OF FACT WE STILL LIVE TOGETHER I NEED TO KNOW WHAT CAN I DO ABOUT IT. dO YOU KNOW IF ANY ATTORNEYS WILL HELP OVERTURN IT
TRACY OWENS
quote:THE SEPARATION DATE WAS A LIE NEVER SEPARATED. STILL LIVE TOGETHER. DO YOU KNOW ANY ATTORNEY WILL HELP WITH THIS
[i]Originally posted by needinganswers[/i] [br]How was it done illegally? We need more information.
TRACY OWENS
I would suggest calling an attorney or the Clerk of Court. You would have had to have been served divorce complaint and would have had 30 days to answer this letting the courts know that you were not separated and had no knowledge that your spouse was trying to obtain a divorce. I do not know how your spouse was granted a divorce without you knowing about it.
I know of a case where BOTH parties lied about separation date just to get divorced. They lied at the courthouse and got ‘divorced’ in 40 days. I didn’t understand how that could be fair. Seems if something happened and one of them decided to ‘blow the whistle’ then they’d be setting themselves up for lying too. Isn’t that a crime?
I don’t see how a divorce can be granted if you didn’t sign the final papers. Don’t those things have to be notarized and witnessed? If you were supposedly served, yet never got the papers, there should be a paper trail somewhere showing the path of the papers.
You don’t have to sign the divorce papers. My husband’s ex never signed theirs. She thought this would mean that he couldn’t divorce her but all it did was delay the inevitable. He went to court, stated to the judge that they had been separated for one year and one day at least and that she had been notified by being served. Divorce granted. BUT being served is a different story. They do have to be served and to my knowledge they do have to sign something when they leave the office. My husband picked up the first set of papers so that we didn’t have to wait until Monday and he had to show his ID and the sherriff’s deputy had to sign that they had been picked up.
It’s perjury to lie about the separation date and if the divorce was granted on that lie then the divorce isn’t legal and hopefully it doesn’t come back to bite you later. If you have proof that you were still living together and never separted then that would be the only way to show that the separation date is not valid therefore the divorce date isn’t legal. I still believe that you would have to have known or been informed at some point, even if it was after the fact. If you are still living with him, have you asked him why he divorced you?
You can file a Rule 59/60 motion and asked to set the judgment aside. If you are still living together the divorce is void.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
How can you prove an uncontested divorce was done illegal or was
granted on lies. How can a divorce be overturned
TRACY OWENS