Legal Question in Family Law in Louisiana
Petition to annul judgment
My husbands of 3 yrs, was served papers yesterday the first a Petition to annul Judgement. and the second a new Petition of Divorce. His e-x wife since 2005 has filed to have their divorce annuled, Their is a mistake in their original divorce paperwork. She had signed the Wavier of service in front of a Notory in July and the petition of divorce was not filed until Sept. But both Parties were in the court room when the divorce was granted, the Judge talked to both of them. She has now hired an Attorney and state that due to the mistake she is in titled to half of out new house and land as well as 50% of all the money he has made since 2005, Claiming it community property . No I am not kidding I have to papers in front of me. Can this really happen?
2 Answers from Attorneys
Re: Petition to annul judgment
She can ask but, at worst, you are a putative spouse. She should have no rights contrary to yours.
Contact a lawyer to represent you.
Re: Petition to annul judgment
I agree with Mr. Casanave, and would add that if she was present in court she waived any objection to the service of process. You need to retain counsel, and if it is as you said, the action should be dismissed. And, the lawyer who filed it should be reprimanded.
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