Can my husband forge divorce documents to get remarried?
Talk to a Family Attorney
Protect Your Rights. Get Legal Advice from an Attorney Near You

Select the type of Lawyer you need
I just discovered that my husband remarried and his new bride claims that he showed her divorce papers. This is a surprise to me as I was never served nor given an opportunity to answer or discuss property and support settlements? Is this divorce valid?
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
Given the facts you describe, this is an apparent case of fraud. Your husband not only perpetrated a fraud against you (intrinsic fraud) but also a very serious fraud against the court (extrinsic fraud). However, the burden of proof is usually on the one asserting fraud, and you will have to show that your signature on the divorce documents was forged.
In Grissom v. Grissom (30 Cal. App. 4th 40, 35 Cal. Rptr. 2d 530), the wife petitioner asserted that her husband fraudulently misrepresented papers that he gave her to sign; he told her that the papers were forms for "Appearance, Stipulation and Waiver" that would dismiss their pending divorce action. However, the language in those papers stipulated a property division and a waiver of service notification that the waived any rights for the wife to be notified about any divorce action. The husband sought the divorce but continued to live with the wife, who subsequently discovered his actions ten years later. The court determined that the husband had committed an extrinsic fraud upon the court and the instruments were voided.
The court also declared that "where a confidential relation exists and one of the parties signs an instrument without reading it in reliance on false representations as to its contents by the other party, the instrument may be avoided." If your husband induced your signature through misrepresentation, or if he clearly forged your name on the divorce documents, you do have a case for fraud, which could nullify the divorce.
Definitely consult a divorce attorney regarding the divorce laws as well as fraud laws in your state to determine whether your husband committed a fraud upon the court.
References:
Posted by Staff Writer on 02 Jun 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.