Legal Question in Family Law in Michigan

Re: contract question

Generally speaking a judgment of divorce cannot be set aside unless there are several factors. One of the factors involves fraud on the other persons part. Secondly, one can have a judgment also set aside if the person who signed it was either deemed to be insane or under the control of drugs. Good luck

John Graziani

www.attorneygrazani.zoomshare.com

Re: contract question

You can rescind it on the basis of fraud or mutual mistake. It is difficult and you can really aggravate a judge. If the judge is aggravated enough, you may wind up with economic sanctions. William S. Stern

Re: contract question

The first thing that must be determined are what the terms of the Judgment provide for. Assuming that the judgment does not expressly allow for modification of property terms by the parties, the general law in the State of Michigan is that property terms of a Judgment of Divorce entered by consent are non-modifiable. There are a few exceptions. First if fraud or duress can be proven by one of the parties, that is, was property hidden or misrepresented when the Judgment was drafted and executed. Second, mutual mistake of fact by the parties. If any of these circumstances are present, a motion for modification must be filed to bring it to the court's attention. IF none of these circumstances are present, you may be able to get a judgment modified by filing a motion for relief from judgment as long as it is within one year of the entry of the judgment and other required facts are present.