Legal Question in Family Law in California
Can a divorce judgment issued in 2001 be reversed if there is evidence that judge was deceived? Assume the facts are admissible, undisputed, clear and convincing to show beyond a shadow of doubt that the judge was deceived and attorneys were involved. Fraud resulted in court orders without findings. Family court acknowledged in 2003 that the husband was victimized. But, during the next 10 years, ex-wife�s attorneys repeatedly defrauded the court by having couple�s son impersonate as court appointed guardian ad litem and succeeded in preventing the judges from using ex-wife�s testimony to make legally mandated findings. Recently, court ruled that ex-wife was not eligible to be represented by guardian ad litem. Can the judgment and rulings be reversed in civil court? Can the issue be taken to Federal court because the state court failed to protect husband's due process rights?
1 Answer from Attorneys
A divorce judgment being reversed after 10 years? Probably unlikely. I am confused how ex wife defrauds then the complaint is ex wife can't have guardian ad litem. Guardian ad litem is normally for children. How can someone impersonate a guardian ad litem? Either the person was appointed or they were not. I guess my question is what are these people fighting over for the past 10 years. There are no facts here to even discuss how the Court failed to protect due process. Most courts bend over backwards to ensure due process is met with a self represented individual. Self represented individuals, under the law, are held to the same standard and knowledge as if you were represented. Even then the error would need to be found more than harmless error. Judges are generally immune from lawsuits, the way due process is protected is through the appeals process. There are two things here both parties need to stop fighting. The idea of a divorce is to terminate the relationship not have the court proceedings last for 10 years. If income changes or situations change file for modification of the order. Get an attorney and figure out how to end the ongoing fights.
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