Can an injunction be filed after a divorce has become final? 18 Answers as of June 09, 2013

In a case where one individual is in custody and the other party files for divorce and the incarcerated party signs consenting to the divorce and the divorce become final. Upon his release from custody can he file an injunction to reverse the divorce?

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
There is no such thing as an injunction to reverse a divorce.
Answer Applies to: Georgia
Replied: 10/4/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No. To reopen a divorce decree would require that; (1) it occur within one year from the entry of the decree; and (2) that the person seeking to reopen show a valid basis for reopening under the available statutes. That is not a simple task where an agreement has been reached.
Answer Applies to: Minnesota
Replied: 8/29/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Why would he do that? If you have a judgment for divorce, there are very limited basis to set it aside (fraud, non-disclosure etc.).
Answer Applies to: California
Replied: 8/29/2011
Willick Law Group
Willick Law Group | Marshal S. Willick
Short answer is that anyone can FILE anything. You need a consultation with a family law specialist.
Answer Applies to: Nevada
Replied: 8/29/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
It is possible for one person to attack the terms of the divorce later, but there are pretty tough rules that have to be met to succeed. Generally, attacking the dissolution of the marriage itself is almost impossible; but, any financial issues could be challenged. An "injunction" is a totally different legal concept that does not apply to your concerns.
Answer Applies to: Colorado
Replied: 8/29/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This question cannot be answers without looking at the documents and asking some detailed questions. You need to consult with a family law attorney.
    Answer Applies to: Georgia
    Replied: 8/26/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    no.
    Answer Applies to: Connecticut
    Replied: 8/26/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If there was a consent to the divorce, it does not appear that there are valid grounds for an injunction.
    Answer Applies to: California
    Replied: 8/26/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Although an Injunction would not be the proper pleading at that late date, he could file, for example, a Petition to Vacate the Divorce. I doubt it would be successful due to the high burden of proof, but it is possible.
    Answer Applies to: Pennsylvania
    Replied: 8/26/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you are asking about a motion to set aside a judgment, typically the other side can file a motion within 6 months of a judgment's entry and may try requesting a set aside based upon mistake inadvertence surprise or excusable neglect.
    Answer Applies to: California
    Replied: 8/31/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    First of all, an injunction is not the proper process. He would have to file a motion to set aside the judgment which a court is not likely to grant since he agreed to the terms of the judgment when he signed it. .
    Answer Applies to: Michigan
    Replied: 8/26/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Huh? An injunction has nothing to do with contesting a divorce in Wisconsin. To invalidate a divorce, he would have to show that he was forced to sign the agreement.
    Answer Applies to: Wisconsin
    Replied: 8/26/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    No.
    Answer Applies to: Wisconsin
    Replied: 6/9/2013
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    No he can not.
    Answer Applies to: Alabama
    Replied: 6/9/2013
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    An Injunction would be unlikely if he has been incarcerated. He may file a Supplemental Petition to Modify Timesharing to attempt to get time with the children. His release from incarceration is not an unanticipated event and he may be unsuccessful on those grounds. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/26/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The dissolution of your marriage is final unless there was fraud or something missed.The parenting plan and child support order can be modified under certain circumstances in Washington.
    Answer Applies to: Washington
    Replied: 8/26/2011
    Law Offices of Bradley Hochberg | Bradley Drew Hochberg
    within certain time limits a motion can be filed to set aside a divorce. however, nobody can stop a divorce from happening. the court would still leave the divorce alone. at best, the rest of the case might be able to be set aside.
    Answer Applies to: California
    Replied: 8/26/2011
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