Three Years Later My Ex Wants To Relitigate The Divorce

[mikeanddana.stone]

I live in Indiana and was divorced in Brown County, the divorce was finalized in December of 2004. My ex-wife and I did the divorce ourselves neither of us using an attorney. We were very amicable and agreed on everything. Around Novemeber of last year I got a notice from the Brown county court, she filed a petition with the court under trial rule 60b claiming the divorce was fraudulent. She did not include any other information she just cited the rule. My new wife(who is a paralegal) and I responded and cited under trial 60 b she had to file her complaint within a reasonable time and within 1 year. The court dismissed her motion. She recently re-filed and asked the judge to reconsider her decision and this tuime she listed the reasons why she felt it should be heard. she claimed that all of her signatures were forged(they were not), that she did not receive an equitable distribution of property, that after 8 years of marriage she was entitled to half of my retirement etc............... We filed a response to and requested the judge to vacate her motion. Our motion was denied this time and we are set to go to court in April. My ex took almost all of the furniture, she signed all the papers etc... ANyone have any thoughts on this?

[Mr. Knowitall]

As your wife has probably told you, it would be sensible to hire a lawyer at this time.

You have some valid responses, including why your wife didn't claim forgery in her first motion, and why if there was forgery she made no complaint for three years. I guess she also didn't show up in court on the date the judgment was entered?

Right now you would benefit from getting evidence together - did anybody see your wife sign the judgment? You may end up needing a handwriting expert, particularly if she already has one who says the signatures are not authentic, but that would be an unfortunate expense.

[525601minutes]

Were your original papers signed in front of a notary public? In some states the notary is required to keep a journal of all notary services. You can request the notary provide you a copy of the journal page to demonstrate the notary confirmed your exwife's identity when she signed.

[Dad2]

If you have any old paperwork with her handwriting on it, bring it with you. If not, send her a certified letter, and keep the receipt. Her signature will be on that.
If you can prove that the signatures are not forged, I doubt the case will move forward to the point of her getting any more assets than what she already got.