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My ex-husband obtained a divorce by stating my address was unknown and doing a notice by publication in a state where I did not live. My address was known to him, and I can prove it. I found out after 1 year. From RULE 1.540, it says I can't vacate based on fraud after 1 year. Can it be void instead? Or can I file an independent action?
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the year is over, it's too late. I don't know what state your writing from, but there is no voiding or vacating a decree after the time is up. There is no difference between the two.
Answered on Apr 02nd, 2014 at 7:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would see an attorney in your local jurisdiction, it would appear that your ex-husband has perpetrated a fraud on the court.
Answered on Apr 02nd, 2014 at 7:14 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It depends on the law in the state where the divorce was granted. If it Florida file a motion immediately to put the court on notice. You can amend it later if necessary. You should talk to an attorney in the area where the husband filed.
Answered on Apr 02nd, 2014 at 7:14 PM