Legal Question in Family Law in Oregon

Divorce Judgment

Can a divorce judgment be changed? ?

He is trying to change our signed divorce judgment.

I have signed, he has signed and the judge has signed. He has filed a motion to set aside a paragraph. Says he and his attorney read the prenuptial wrong! (It hasn't been followed to the T anyway..) so he's retained a new attorney and says me and my attorney knew about this mistake and its unethical. Does anyone know about any of this? Can he really get a paragraph set aside after its been signed? His attorney wrote prenup 7yrs ago, & obviously did not re-read it when we were negotiating. There is a sentence that says LESS marital assets, not added . This is a $90.000 mistake about 1/3 0f what im getting. His tax return shows over 1 million of income last year.I just want this to be over with. It is nothing he cant afford trust me. He is wealthy I am not. We have been together 16 yrs with full custody of his 3 kids whom i've raised. we have been married almost 7yrs. I would appreciate any input so much. Also he cant use his attorney now because of conflict interest and has a new one that her insurance is paying for? is this malpractice? Thank you I look forward to hearing from you.

savannah


Asked on 10/21/08, 8:02 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Divorce Judgment

Yes, Oregon law makes provisions --- under certain limited circumstances --- for a judgment of dissolution of marriage to be vacated or set aside on grounds of "fraud, misrepresentation, or other misconduct of an adverse party." Also, on grounds of mistake, inadvertence, surprise, or excusable neglect. Usually, the action must be taken within one year from the date on which the judgment was entered into the court's register.

Given the circumstances of your case, you really need direct services of a lawyer for in-depth case review, analysis and advice as to how to proceed.

If you wish to go forward, give me a call. We can arrange for an office conference to further review you situation.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 10/21/08, 9:44 pm


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