Legal Question in Family Law in North Carolina

Re: 1 year separation was a lie

As Mr. Kirk mentioned, you are definitely in a sticky situation. But, thankfully, it can be resolved with a motion/order to set aside the divorce judgment. It would be best to have the other party (ex?-husband) consent to the judgment being set aside. If he won't consent the case could definitely take a dicey turn but it would be to his benefit to consent rather than have the matter go before the court.

If there are property distribution or alimony claims that should have been pled prior to the divorce, it would be in your best interest to contact an attorney immediately. Any time spent waiting could seriously undermine any claims you may have.

Also, is there a benefit to setting aside the judgment (except the obvious one of resolving the untruth)? Are there property distribution or alimony issues that should have been resolved prior to the divorce being heard? Once the divorce is granted, there are very limited routes for having the court determine property distribution or alimony. Are there children involved and is there a need for a custody/support award?

Re: 1 year separation was a lie

Hmmm. That's a good question. I will defer to lawyers that specialize in family/domestic law on this one, but it would seem to me that there would be some procedure for "undoing" the divorce. Technically speaking, in some circumstances, one can file a "Rule 60" motion asking the Court to "reconsider" (or grant "relief") from a ruling. There are also probably some other procedural vehicles for this. What is troubling, however, is that, assuming you participated in the divorce proceeding, then it would seem that you were a party to a "fraud upon the Court," and that you committed Perjury. This could have two potential ramifications: (1) It could subject you to various penalties and sanctions, and (2) It may affect your ability to "undo" the divorce. As a general matter, it is always a bad idea to try to circumvent the system with misrepresentations. This stuff can get very thorny. You probably want to check with a lawyer about this one.