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Uncontested divorce now becoming contested?

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  • Uncontested divorce now becoming contested?

    I filed for divorce in Colorado and said I did not know where my ex was. The judge granted the divorce over time.
    Now my ex has sent me a number of texts and emails that show I DID know where he was--in NY.

    He wants 5000 dollars or will contest the divorce saying I lied to the court etc etc

    Will he succeed if he goes to court? What should I do to get rid him for good. I cant really afford the 5000.
    Neither of really has that many assets. FYI.

    Thank you!

  • #2
    If you lied to the court to obtain the initial divorce, you could face worse than just having the divorce granting reversed. You committed fraud and presumably benefited financially from it.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      He wants 5000 dollars or will contest the divorce saying I lied to the court etc etc
      In NY that's Coercion in the third degree. It's a crime. It's a Class A Misdemeanor punishable by up to a year in jail. See Penal Code 135.60:

      https://law.justia.com/codes/new-yor...le-135/135.60/

      Send him a copy of that and then ignore him and block everything.

      Or, send his emails to local police in NY where he lives.

      Or, just ignore him now. He's probably blowing hot air. He's not likely to spend thousands on a lawyer in Colorado to contest a divorce that you would have gotten anyway.

      Comment


      • #4
        Originally posted by Disagreeable View Post
        If you lied to the court to obtain the initial divorce, you could face worse than just having the divorce granting reversed. You committed fraud and presumably benefited financially from it.
        I agree but and so what...pay the creep off?
        Just trying to decide what I would do.

        Comment


        • #5
          You have several options. Nobody's going to jail for this. Your risk is that it may eventually cost you money if you got some financial advantage out of lying to the court. Meantime if he initiates any action he will first have to spend money filing a motion with the court to vacate the decree under Rule 60:

          https://casetext.com/rule/colorado-c...gment-or-order

          Then you get to answer his motion as to why it shouldn't be granted. Then he'll have to spend money traveling to Colorado, etc, etc, etc.

          If he scares you into paying now, he wins. If he has to think twice about spending money, maybe thousands, to do it, he may not and you'll be done with it.

          Up to you.

          Besides, once he gets the $5000 what's to stop him from contesting the divorce using your money?

          Also remember, he's committing a crime by extorting money from you.

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