Legal Question in Family Law in Georgia

Divorce Decree based on fraud

I just found out that on December 21,2004 my husband of more than 10 years was granted a divorce. I had never been contacted, notified, or served in this matter. We have two children and he has been in constant contact with us. I have obtained a copy of the divorce decree and it says that the decision was based on a seperation agreement that I supposedly signed on November 15,2004. That agreement is fraudulent and my husband has admitted to me that he forged a document to say that I agreed to his terms of his seperation. Also, in the divorce decree it says that the defendant(me) waived all rights to basically everything with the exception of minimal child support and physical custody of our children. What can I do to make sure that this document does not stand? I don't want to get him in trouble, but I cannot let this document stand. I just want what is due to me and my children. I don't mind being divorced but I do mind that he lied and forged documents to say that I feel like I am not entitled to anything but minimal child support and physical custody of the kids. I am unemployed and cannot afford an attorney so how can I get help with this?


Asked on 2/19/06, 8:07 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Divorce Decree based on fraud

You should immediately contact an attorney about filing a motion to set aside the divorce decree. Your first interest should be protecting yourself and the children and you need to take action ASAP in that direction. If, after the dust settles, there are criminal actions that you wish to pursue, you will have plenty of time to review your options.

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Answered on 2/20/06, 3:43 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Divorce Decree based on fraud

Two serious crimes appear to have been committed - forgery and perjury. Your husband can probably expect significant jail time. Whether you go to the DA or file a civil case to reopen the case, either way at some point a Judge would probably want to address the serious felonies. You can't pursue it and defend him at the same time.

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Answered on 2/19/06, 8:21 pm


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