Need help to Vacate a Judgement of Divorce

[Redd]

I knew my husband was pursing a divorce sometime last year, we have become financially strained and separated due to his bad investments $40k in joint debt. He was not a citizen at that time so they are all in my name. When I spoke to him he said to me we can work things out. He said it was all talk and was no longer wishing to do so. Now I find out he had pursued it and even claimed that he served me and the divorce was filed as uncontested.

I had to travel to the city where we were married to get the information. He said he mailed me, which was an address I moved from 2 years ago, and in the paperwork he said he personally served me when I wasn't even in the country. I got the order to show cause paper work and wonder how do I fill out my reason to vacate the judgement. Is simply saying i wasn't served enough, do i need to go into detail as saying i wasn't in the country? Do I need to submit proof, like a copy of my travel itinerary? In the section reason why I should be granted, do i need to say he has a shared debt that needs to be settled? I don't want them to tell me to pursue this case in civil court !
Now I am thinking he only married me for citizenship as he filed 2 months after getting it. Do I also state this fact or is that to much drama to put in the paperwork?
I just want to better my chances to vacate the case.

Thank you in advance for any advice.

[AFFA]

I wish to inform you that you may file a Motion to Vacate Judgment in the same court which granted the default judgment as it has continuing jurisdiction in the matter. You may allege misrepresentation and fraud as the basis for vacating the judgment. You may show to the court all the facts which show that you were not served the divorce documents. This could include your passport with the stamping clearly indicating you were overseas at that point of time. You may show to the court that there was a shared debt of 40k to be resolved. You may also inform the court that your marriage was not a good faith marriage and the other party committed fraud to get citizenship. The court will consider all the facts and decide the matter. In addition, you may report the matter of immigration fraud and moral turpitude to the immigration authorities with a request to cancel the citizenship and deport the other party.

AFF

[Friend In Court]

Originally Posted by Redd I knew my husband was pursing a divorce sometime last year, we have become financially strained and separated due to his bad investments $40k in joint debt. He was not a citizen at that time so they are all in my name. When I spoke to him he said to me we can work things out. He said it was all talk and was no longer wishing to do so. Now I find out he had pursued it and even claimed that he served me and the divorce was filed as uncontested. I had to travel to the city where we were married to get the information. He said he mailed me, which was an address I moved from 2 years ago, and in the paperwork he said he personally served me when I wasn't even in the country. I got the order to show cause paper work and wonder how do I fill out my reason to vacate the judgement. Is simply saying i wasn't served enough, do i need to go into detail as saying i wasn't in the country? Do I need to submit proof, like a copy of my travel itinerary? In the section reason why I should be granted, do i need to say he has a shared debt that needs to be settled? I don't want them to tell me to pursue this case in civil court ! Now I am thinking he only married me for citizenship as he filed 2 months after getting it. Do I also state this fact or is that to much drama to put in the paperwork? I just want to better my chances to vacate the case. Thank you in advance for any advice.

Failure to be served notice is adequate grounds to have the decree of divorce vacated. What is needed to file is: A Motion to Vacate Decree, accompanied with a sworn affidavit you were not personally served nor did you have notice of any sort that the case was pending. You can supplement with the evidence that you have.

Once the decree is vacated, you will be given time to answer as in the original summons. You can then counter with what you want from the divorce, such as determination and apportionment of the debts.

You can alternately counter his complaint with your prayer for annulment, instead, on the grounds of his fraud in inducing you to marry -- only to gain citizenship. Should you gain a decree of annulment on the grounds of fraud, then you would have a civil suit against him damages for the fraud.

[Redd]

Thank you very much for the advise...will update when I get notice

[Redd]

I did the paper work for the order and was granted a date to speak with the judge. I have served my ex and his lawyer. I will update with the results of the case.