Legal Question in Family Law in Alabama

I'm doing this for my sister who doesn't have a computer or much money. In 1976 my sister married a man here in alabama. They had a son together but he was born in Feb and they were married in March so the child had her last name. they were together off and on for awhile. Time goes on and they have been apart for awhile. He sends her divorce papers but there were no signitures on the documents so she thinks he's just playing more games...time goes on and she"s still thinking their still married. Yesterday we were talking about it and I ask her if there was a book number or file number on the papers and what county this was suppose to have been done in, she tells me so I went to the courthouse and had the records pulled up...to my suprize there was a record and it had two witness signitures and my sisters signiture but the problem is it"s not her signiture...it"s a fraud. One can she have this over turned because it"s a lie and she never agreed to anything. Plus he put in there that she just signed her son over to him which she never did....she had the boy the whole time and she can prove it, doesn't he owe her back childsupport?

She is 55 now and thought that at least she would be intitled to draw from his Social Security when the time came...that was 34 years of her thinking they were still married. Please tell me what she can do...it was not her signiture and this divorce is based on a lie.


Asked on 10/15/10, 1:18 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

It is possible to go back to court and file suit to have the divorce overturned based on fraud. Courts are not likely to do this if there have been other children born unto the father and he has remarried. But there is a basis for fraud and a reasonable time upon discovery of the fraud. With that in mind, the question comes up as to what is reasonable and particularly as to when she discovered the fraud.

Read more
Answered on 10/22/10, 11:13 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Alabama