Q: Default decree10/15/2020, he is in a halfway house, is he able to reopen the divorce?
Can he reopen a default decree that was given on 10/15/2020? He has been in prison 15 out of 19 years of marriage, never held a job, nor did he stay at home and take care of our 3 kids. He says he wants 1/2 of everything and 19 years of alimony.. I have sole custody of the kids. And a court order for him to pay child support. Will he be able to set aside the decree since it is passed 30 days or will he have to prove a valid reason to do this. My lawyer already withdrew from the case. What should I do at this point, also does his lawyer have to be licensed in Oklahoma since this is where the divorce was filed and granted? Or can he do all of this from another state?
A: If he is represented, the attorney must be licensed in Oklahoma in some form, even if it is a temporary licensure (pro has vice). If he was not properly served, or not given a reasonable opportunity to challenge the divorce, Especially as it comes to child custody and child support, then some judges will vacate the default decree and set it for hearing and then poetically trial if no settlement can be met. What he is asking for seems ludicrous on its face, but I don't know all of the facts. Get a lawyer who is not afraid to put on a hearing or trial and hopefully they can nullify his claims quickly.
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