QUESTION
Can I get the divorce judgement reversed based upon adultery and misconduct?
Asked on Feb 19th, 2015 on Divorce - North Carolina
More details to this question:
I'm a stay at home mother with two young children and was married for 10 years. My husband had relocated us out of state 8 years ago to be a police officer and was very abusive, wouldn't let me work, many affairs and no assets. After a domestic violence incident he had left and abandoned his family for a year and we ended up homeless. Than I found out he obtained a divorce default judgement. After I found out about the judgement he obtained on our sons birthday I found out when he left the residence he moved in with another women and found out her name.
1 ANSWER
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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No, you cannot get a judgment set aside for marital misconduct that you were previously unaware of. You can, however, challenge the judgment and ask that it be overturned if he obtained the judgment without first serving you with the complaint and summons and then serving you with notice of the pending divorce hearing.
Answered on Feb 20th, 2015 at 9:52 AM