Georgia 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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The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Vacate or Nullify Divorce Decree Obtained by Fraud as a Result of Failing to Serve Respondent at Known Address
  • Preview Motion to Vacate or Nullify Divorce Decree Obtained by Fraud as a Result of Failing to Serve Respondent at Known Address
  • Preview Motion to Vacate or Nullify Divorce Decree Obtained by Fraud as a Result of Failing to Serve Respondent at Known Address
  • Preview 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

Once the decree absolute has been granted, the marriage has officially ended and it is no longer possible to change your mind. If a couple decides at this point that they wish to be married, then they will have to remarry- unless there is a procedural irregularity it is not possible to reverse a decree absolute.

In Georgia, it is usually not difficult to dismiss your divorce action. If no counterclaim has been filed, the Petitioner just needs to file a Voluntary Dismissal with the court along with a Certificate of Service showing proof that the Petitioner has mailed mailed the dismissal to the opposing party.

A divorce modification can be used to amend the terms for any part of a divorce, except for reversing the actual divorce. Some common reasons for filing a request for a divorce modification include changing the amount paid in child support, adjusting custody or the child visitation schedule.

As a general rule, a divorce decree can only be set aside in Georgia within three years of the divorce decree having been entered. OCGA § 9-11-60(f) establishes the exclusive time limitation for when a judgment is attacked by a motion to set aside.

The law does not allow a divorce resettlement in Georgia to be opened again. The law, however, has exceptions in this regard.

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Georgia Motion to Vacate or Nullify Divorce Decree Obtained by Fraud as a Result of Failing to Serve Respondent at Known Address