Sacramento, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: I was coerced into signing divorce papers. How hard is it to contest a divorce judgement?

He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with nothing. During the divorce he got mad and told me I did not trust him every time I told him I needed my own lawyer.

2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: "forced" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to entitle you to seek a court order to set-aside your judgment and readjudicate your case.

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you were coerced into signing divorce papers, you might have grounds to contest the divorce judgment. Contesting a judgment involves filing a motion to set aside the divorce judgment based on duress, fraud, or a lack of informed consent. The complexity of this process can vary widely, depending on the evidence you have and the specifics of your case.

If your husband transferred property and misrepresented assets, this might further support your motion. Since you mentioned being pressured to forgo legal representation, this could be relevant in demonstrating coercion. It is essential to act promptly, as there are strict time limits for filing such motions. You should seek legal advice immediately to explore your options and protect your rights.

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