Legal Question in Family Law in Missouri
Divorce granted without my knowledge
My husband of 37 years was granted a divorce on the basis of Pro Se Respondent whereabouts unknown on 1/12/09. I just found out about the whole thing today. What are my rights to reopen the case and settle debt he incurred on my credit during the marriage and also what are my rights to my share of his retirement? I am currently unemployeed and cannot afford an attorney. Is there any form of legal aid that can help me?
1 Answer from Attorneys
Re: Divorce granted without my knowledge
That Judgment becomes final and the Judge loses jurisdiction to do anything thirty days after the Judgment was entered. Start counting on the day after the Judgment was entered and count forward thirty days including weekends and holidays.On the thirty first day you will be too late! Hire an attorney on Monday to file a Motion to Set Aside the Judgment. In the event that you can prove that your husband knew where you were, you might have longer to attack the Judgment based upon his fraud, but there is no reason to take that chance when you have time to attack the Judgment within the first thirty days. Good luck.
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