Legal Question in Family Law in California
spiteful ex-wife
My bf's ex divorced him without him knowing, she transposed numbers in his address so that he would not get his court papers, so he missed court dates that he knew nothing about. She went to all the court dates and recieved everthing she asked for in the divorce, including sole/legal custody of their 4 children with him to have 0 custody and 0 visitation. She did make sure to put the right address when it came to the child support court date, so when we go down there thats when we found out he was divorced and had no legal rights to his children. We want to know if there is a way to overturn this.
4 Answers from Attorneys
Re: spiteful ex-wife
He needs to retain an attorney and file a motion to set aside the judgements as they were obtained by fraud. The court normally will not set aside the portion of the judgement dissolving the marriage. He needs to do this as soon as possible.
Re: spiteful ex-wife
Absolutely. Your b/f not only can have this judgment vacated for his ex's misconduct, but also has standing to sue for fraud. If you would like a free consultation and/or further affordable assistance in this matter, contact us directly.
Re: spiteful ex-wife
You may be able to move to set asside the judgment -call me directly at 16192223504.
Re: spiteful ex-wife
You have not given any indication of the dates when your boyfriend was supposedly served, or when the judgment was entered or when your boyfriend became aware of the judgment.
As a general rule, your boyfriend can file a motion to set aside the judgment because he was never served with the summons and petition and therefore had no knowledge of the proceedings. However, your boyfriend had a duty to act when he knew, or should have known, about the judgment.
I would therefore strongly advise your boyfriend to retain an attorney IMMEDIATELY to try to resolve this matter.
Kind regards,
Damian M. Nolan
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