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View Full Version : What happens if a person decides to contest an uncontested divorce


dadofive
Feb 27, 2006, 08:06 PM
My ex-wife left the state days after being served divorce papers. She had made plans to move to New Jersey with her online boyfriend. Although she signed all the papers she had none of them witnessed or notorized and the divorce went as a default. Now a month or two after she is back here in Arkansas and telling me she still has the right to contest the divorce. Isn't it true that once the judge has signed the papers it is too late to contest?

Fr_Chuck
Feb 28, 2006, 07:13 AM
She can always appeal, the longer from the date of divorce, now she can't appeal the actual divorce normally unless there was fraud on your part, but she can appeal the separation of property, child custody.
( heck you can appeal child custody every year for the till the child is 18)

So she can go back and file an apeal, it will need legal gounds and most likely will not be accepted, but you will have to hire the attorney, go back to court and so on,

fredg
Feb 28, 2006, 08:40 AM
Hi,
The way the Courts and Lawyers, legal systems, are set up in America, anyone can contest anything with a lawyer; whether it be Divorces, Estate Closings, whatever. It doesn't mean you will win, but it does mean spending money on lawyers.
If she wants to get a lawyer and contest it, you will need one, too.

scaredgal
Feb 28, 2006, 02:58 PM
What I can't figure out is why would someone would want to contest a divorce. I realize she wanted it cause she found someone else and that didn't work out, now she sees how badly she screwed up BUT she has to know you want to be divorced, there is no chance for her to worm her way back into your heart and taking you to court isn't very sexy lol.. so why does she bother? Needs a reality check if you ask me. Judge isn't going to FORCE you to be married to her if you want out especially since she moved in with someone else after.

kp2171
Mar 2, 2006, 10:13 AM
What terms are of issue? Property? Children?