Vacate Divorce Decree Format
Description
How to fill out Motion To Vacate Or Nullify Divorce Decree Obtained By Fraud As A Result Of Failing To Serve Respondent At Known Address?
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FAQ
In Texas, this must be filed within 14 days of the judgment. Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active. If the Court thinks the reason you have given is a good one, the judgment will be vacated.
The original Motion to Vacate must be filed with the Clerk of the Circuit Court's Office, and courtesy copies must be sent the Child Support Hearing Officer and the Judge assigned to your case.
What to include in your set aside request Write that you are asking for a set aside under Family Code sections 3691(c) Explain why the law applies to your specific situation. Explain that you did not purposely ignore the court papers, or run away or hide from someone you knew was trying to give you court papers.
Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
In Texas, this must be filed within 14 days of the judgment. Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active. If the Court thinks the reason you have given is a good one, the judgment will be vacated.