Legal Question in Family Law in California

Contest an Uncontested Final Divorce

After 16 years of marriage, my ex-husband and I mutually agreed to divorce. The divorce was finalized last February 20, 2009.

We had a divorce decree drafted by my ex-husband withnessed by Notary Public. I agreed to an uncontested divorce because he made verbal promises to me in addition to the divorce decree, but now he is denying that he made such promises. I accepted his verbal promises because he usually kept his word. I was too distraught from the situation at that time and just wanted to get through it.

Do I still have the right to take him to court and contest the divorce according to California Law of Community Property?


Asked on 6/15/09, 11:06 am

3 Answers from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Contest an Uncontested Final Divorce

I agree very much with Mr. McCoy. I am licensed in both Nevada and California, having an office in Las Vegas. If you would like to meet to discuss, you may email me for an appointment.

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Answered on 6/16/09, 10:02 am
Greta Muirhead

Re: Contest an Uncontested Final Divorce

You should re-post your question in the California section.

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Answered on 6/15/09, 11:13 am
Robert Mccoy Law Office Of Robert McCoy

Re: Contest an Uncontested Final Divorce

Yes, it sounds like you probably do. According to California Law, if the terms of a divorce judgment are entered by fraud, then the other side may set it aside. Note that it is easier to set aside a divorce judgment if you act within 6 months of the judgment. The longer you wait, the more likely it is the judge will find you waived your rights and may deny the set aside.

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Answered on 6/15/09, 11:21 am


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