QUESTION

If I was not notified of divorce and my ex husband lied to the courts, can I file a case against him?

Asked on Mar 09th, 2014 on Divorce - Michigan
More details to this question:
Hello, I was married to an H1b visa holder in 2007. After about two years residing together in 2009, he asked me to move back to my home country for some time so he could concentrate on his work. Once I left US, he canceled my return ticket and asked me to stay on more time. Meanwhile, we stayed in contact and he kept putting off calling me back on one pretext or other. Recently in 2014, he asked me for a mutual divorce which I had anyways seen coming. The clinch is, I called up district court and inquired if he had already filed for divorce. I was shocked to find out he has filed for divorce in 2010, and finalized divorce in February 2011. He had essentially lied to my face for more than 4 years, and already got an uncontested divorce. My guess is he did not want to get into divorce issues before he got his green card. I got the divorce papers from the court clerk, and going through them, I realize he had lied on the application saying he was not in contact with me, and listed my address as our older address where we lived together, when he was very well aware I was back in India at my home. He was also in contact with me by phone and email, and met with my family several times pretending to sort out the issues. I guess that will be perjury? I want to find out if I can file a case against him for willfully lying and misdirecting me. I also want to find out if I am eligible for any divorce benefits, and alimony, and can I file a court case? Thanks.
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3 ANSWERS

Taxation Attorney serving Charleston, WV at C. Page Hamrick III
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You may be able to re-open the divorce case and ask for division of marital assets and spousal support, since those matters should not have been adjudicated in the divorce case. You probably need an attorney for this matter.
Answered on Mar 11th, 2014 at 7:37 PM

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You can challenge the divorce if you can prove he lied. Proof is more than just you saying so. It's documents like letters, deeds, emails, bank statements, etc. If he lied, go for it!
Answered on Mar 10th, 2014 at 7:55 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is doubtful you can recover, but it would appear his action were less than honest with INS and therefore could result in issues with them.
Answered on Mar 10th, 2014 at 7:45 PM

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