In 1979, when I was 16 years old, I illegally obtained a divorce in Arkansas, even though I lived in Louisiana. I was just trying to obtain legal custody of my infant son, so his dad couldn't take him away from me. I went to a crooked attorney in Eldorado Arkansas and he made up an address which I swore to that I lived at, and my grandmother, whom is now deceased, swore to also. In all actuality, I lived with my grandmother in Louisiana, next door to my mother, who is living, and attended the local Vo-Tech full-time on a Pell grant from Louisiana and received assistance from the State of Louisiana for myself and my son. Can this divorce be thrown out after all this time and if so, my ex-husband has twice remarried, how would this effect that?

Who is suggesting it could be thrown out or are you just worried? This was 32 years ago and nothing has happened yet?

I would like it thrown out. Long long story, but try to make it short. After this divorce I got back together with spouse, did not remarry had 4 more children, was left penniless and destitute with 5 children, no support no education, when ex-spouse remarried he came and kidnapped my children moved out of state where I had no idea where he was fr 2 years, came back and told me if I'd sign a custody and support order on the children he'd let me see them. I signed, saw children, he dissappeared again. Later, I was served with paprs that my children had been adopted because of not supporting them for a year and no contact. I was jailed for 3 weeks and transported in shackles and chains just to go in front of a judge and have him throw out the case of non-support; which came up after the adoption; on the grounds that paternity had never been determined on 4 of the children and that the father lived in one state and had order drawed up in another. Lots more to it, but mainly I'd like to be my children's legal mother again, and would love to see the jerks face if he was put in his place.

I doubt it can be "thrown out" esp by you. If your ex wanted to challenge it, he may. What you would do, is confess to several crimes one I think would be a felony, So you risk going to jail by even confessing to the fact that it was done under fraud.

"putting the jerk in his place" I am not sure this is the way to do it, since he believed the divorce to be valid, he want and remarried, so he acted on this in good faith, which puts merit to the divorce.

I guess the issue is, there are dozens of court actions, you could have done, file for custody, fight for custody,

You need to fight the real issues, custody, court orders, visitation and more.

Next even if the divorce was thrown out, separated people, still still file for custody, so any and all of the legal custody orders from courts would still be valid.

I would consult an attorney. The statute of limitations has probably passed on the false divorce. And even if it the divorce is thrown out, he didn't obtain so I doubt if he would be prosecuted for bigamy.

But you have a lot of issues here. First he may be guilty of parental kidnapping and extortion. Second, for the children to be adopted without your consent, means he lied to the court in some way. So you have enough to go after him.

From your simple opening post to your last post!! Would have helped if you had stated this first. I'm afraid many jurists would see "putting the jerk in his place" retribution. Then there's your perjured testimony too. In legalese-"Cui bono"?

If I ever went in front of a jury I wouldn't be so ignorant as to make the statement of wanting to put the jerk in his place. But, when I remember all the heartache this jerk put me and my children through I can THINK, not act upon, lots of negative stuff I'd like befall on him. I appreciate your time on answering this question. But no one said if there is a statute of limitations on divorces in Arkansas being overthrown.

I don't think you have any grounds to have this divorce some 32 years on be overthrown. And if Arkansas did have such a SOL, then I'm sure it would have tolled a long time ago. Sorry this all happened to you but you need to go forward and try to undo all the damage he caused you legally. And just overthrowing the divorce even if you could have that accomplished would not really help you to get your kids back. Please consult with an attorney about this. I'm still scratching my head how he could have them adopted out if he was not on their birth certificates. Did I miss something here?

To answer twinkiedooter, his name was on birth certificates, when filling them out we always said we were married even though we were divorced. We moved back in together about 9 months after divorce and lived together about 10 years. I had kept my married name in the divorce. My ex is not married now to the woman who adopted my children, he's married to another lady. But, just out of spite, his ex doesn't want my name back on my children's birth certificate. Needless to say, i don't get along with my ex either. All children are grown now 32- 27 years of age, do we really have to have the adoptive moms permission? i've been told we do, that's why i wanted to try and throw out divorce.

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Originally Posted by sleger46

aLL CHILDREN ARE GROWN NOW 32- 27 YEARS OF AGE, DO WE REALLY HAVE TO HAVE THE ADOPTIVE MOMS PERMISSION? i'VE BEEN TOLD WE DO, THAT'S WHY I WANTED TO TRY AND THROW OUT DIVORCE.

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Since the children are grown they can have a relationship with anyone they choose. If they want to change their names they need no one else's permission. Not sure whether a name change will also change the birth certificate but what does that matter?

I forgot that the children were probably adults by this time, so I'm confused as to what the issue is. What is it you actually want at this point?

P.S. pl;ease don't type in all caps, it's considered shouting.

Sorry if it seemed I was shouting, I didn't even realize my caps lock was on until finishing typing entire answer, and wasn't aware it was considered shouting, kind of computer dumb. My whole point is I want to be recognized as the mother that I am, so much was robbed from me and not because I didn't go to court. I went to court, over and over, got court orders to enforce visitations just to find out that ex had lied to the court about living in one state and actually lived in another so when I found his home and showed up with court order to see kids the police were called because I was tresspassing and my order was for a different state . Local cops didn't want to hear anything from me. My ex gets a thrill out of announcing that I am the children's (biological) mother any chance we happen to meet at family get togethers, I'm just sick of it. My children call me mom. I think it's only right, since their dad is divorced from the woman that adopted our children, that I should be on their birth certificates as their mom. Not some woman that has been out of the picture for over 10 years.

I don't know what to tell you as you apparently have a lot of suppressed anger. Remenber this was 32 years ago and to carry this so long must be a real burden. All of the children are grown up adults and trying to get the birth certificate changed would appear to be a low percentage fight. Maybe someone at your church or local social servies can give you some better direction than we can here.

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Originally Posted by sleger46

My whole point is i want to be recognized as the mother that i am, ... My children call me mom. I think it's only right, since their dad is divorced from the woman that adopted our children, that i should be on their birth certificates as their mom. Not some woman that has been out of the picture for over 10 years.

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Your children call you mom, isn't that recognition enough? If you want them to reinforce that, ask them to legally change their names. But I doubt if, at this late date, you can get their birth certificates changed.

But if you really want to then consult an attorney.