Asked in Arbitration / Mediation Law and Divorce for North Carolina

Q: My wife filed for Absolute Divorce & won by lying about date of separation. 2 mos, not 1 yr sepatn. Anyway I can reopen?

I have police reports, witnesses, pictures, and other paperwork proving that we were still together until 2 months before she filed for the divorce. She won the case because I was sickly during the time she sent papers, I just started a job 2 months before and didn't realize she was actually sending divorce papers she had filed and not legal separation papers. She has the townhome we lived in on the market & has moved into a house when I upped the value of the townhome with renovations. Amongst other things. She was HOH on tax papers 4/13/2016 & kept all $. Im sleeping in my car. The divorce is considered uncontested and finalized as of September 2016 when I have proof we just split 60 days before she filed. Today was my sit down to discuss Equitable Distribution. This is a complete railroad session. Is there ANY way or paperwork can file that can help or push to reopen or contest this divorce, and demand or request any kind of support, alimony, equitable distribution or anything?

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: First things first - you don't 'win' a divorce and there is no such thing as 'legal separation papers'. That said, if she lied about the separation date, she can be in a heap of trouble as she may be charged with perjury and you may be able to get the divorce set aside. However, being 'sickly' and unaware of what you were served with doesn't necessarily relieve you of the need to have answered or otherwise properly / timely responded to the divorce complaint. There is no question you need an attorney which is what you should have done to begin with or you can expect a lot more of what you call 'railroading'. Best of luck!

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