Can a finalized divorce be voided if the wife knowingly did not tell the judge about being pregnant?
Talk to a Family Attorney
Protect Your Rights. Get Legal Advice from an Attorney Near You

Select the type of Lawyer you need
My ex-wife and I just received our divorce decree, but in the last week I found out that she is in her first trimester with our child. She kept this a secret from me and the judge who granted the decree. I definitely would not have agreed to a divorce knowing a child was on the way. Is the divorce voidable because of her deception?
Recent Legal Answers
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Answers
Most courts will not nullify a divorce decree that has been finalized. Voidability usually hinges on questions of the court not having proper jurisdiction over one of the parties or some statutory violation such as fraud. In Browning v. Prostok (Texas 2005), a case involving a challenge to a divorce decree where one party was not a resident of the ruling state, the court ruled that "a judgment is void only when it is apparent that the court rendering judgment 'had no jurisdiction of the parties or property, no jurisdiction of the subject matter, no jurisdiction to enter the particular judgment, or no capacity to act.'" Again, this was a case of lack of jurisdiction.
It is unlikely that in this case that a court will reverse the divorce decree based on your ex-wife's hidden pregnancy; however, you might attempt to make an argument that your ex-wife perpetrated a fraud upon the court (extrinsic fraud), although it is unlikely that this will stand. Usually courts determine that it is not good social policy to keep two people in an untenable marriage because of a pregnancy. However, in this case, the court may re-visit any divorce agreements to determine what modifications might be needed for the child at issue.
Posted by Sharon Cullars on 03 May 2010
1 person found this useful
(2 Votes)Not sure where to start? Use this form to contact an experienced attorney. They will provide a free consultation and assist you with choosing the right path for your case.
Talk to a Lawyer
Describe Your Case
Tell us more about your case so that we can show you lawyers that serve your area.