Legal Question in Family Law in New Jersey
How to vacate judgement on my own
I was sued for annulment by husband after 2 months of marriage and I was pregnant with his baby. Moved to New Jersey to live with him. Had to leave and live with parents. contacted legal aid and they were understaffed and could not help. found this out too late...wrote a letter to the NJ court and his atty. Hearing was held March 20th and I was not notified. Had his baby on March 22nd. He won the annulment and he also won 5100 dollars judgement against me plus 3500. dollars for atty fees. How can I file a motion to vacate this judgement on my own since I live out of state now and I cannot afford an attorney since he put me and my children out. I have had to start from scratch with even buying another vehicle since mine was taken after he did not pay my bills after we were married.
3 Answers from Attorneys
Re: How to vacate judgement on my own
You may not have any money, but you will have to find some to solve your rather substantial problems; you need an attorney to fix your problem.
Gary Moore, Esquire
Hackenack, New Jersey
www.garymooreattorneyatlaw.com
Re: How to vacate judgement on my own
As to the actions of the NJ Court, The previous attorneys are correct, if you are here, you will do bewst to have an attorney working for you there. Given teh limited fact pattern provided, you may have the avenue of not having recieved adequate Notice of the hearing, and that your ex may have made a false assetion that you were not pregnant when he filed his Petition. I am not admitted to practice in New Jersey, so I cannot give you NJ specific advice. However, you may be verly limited in the time in which you can seek to have the Judgment set aside. Many states give you only 30 days. Try to get an attorney this week, or file a Pro Se Motion to Set Aside or Reconsider the Judgment. In it tell the Court that you did not get adequate Notice of the hearing, and that you were preganant when the Judgment was handed down.
Even if you lose in NJ, you can still seek child support from your ex in Missouri. Under interstate compacts, an Award of Child support you get here in Jackson County, Missouri, may be enforceable in New Jersey. Do not delay in getting the situation in NJ rectified. But even if you do get the Judgment set aside, you would still have to respond to his claims in that case.
He would have to respond to your claims for child support here in Missouri. If the NJ Court found that you were not pregnant, then it may hurt you here. Do what you have to to get the NJ Court to at least reconsider the Judgment, that you indicate was rendered by default.
Good Luck
Re: How to vacate judgement on my own
Assuming that you have given all of the needed information (and no insult, I assure you, it is almost impossible for a person to give ALL of the critical information in a posting like this), then you may want to consider the following ideas.
The Courts should allow you to set aside a judgment if you have good reason why you did not appear and fight the claim. It is impossible to promise you that you will certainly win on this, but the Courts of New Jersey are likely to want to allow you to have your 'day in court'.
This will affect your child's life for many, many years. I recommend very strongly that you hire an attorney to represent you.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.