Fill and Sign the Motion Vacate Divorce Decree Form

IN THE __________COURT OF ________________ (Name of County) STATE OF _________________ (Name of State) _____________________ PETITONER (Name of Petitioner) VS. CAUSE NO. __________ _____________________ RESPONDENT (Name of Respondent) Motion to Vacate Divorce Decree _________________ (Name of Respondent) , Respondent in the above-entitled action, appearing for the purpose of this motion only, by and through his attorney, moves the Court to set aside and vacate the Judgment entered in the above-entitled action on _________________ (date of entry) , which Judgment attempted to dissolve the marriage relation existing between the above-named parties, on the ground that the Judgment is void because: 1. On ______________ (date) , ___________________ (Name of Petitioner) , the Petitioner in the above-entitled action, commenced the above-entitled action for divorce against ____________________ (Name of Respondent) , the Respondent in the above-entitled action and Movant, on the grounds of (statement of grounds) _______ ______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________. 2. On _________________ (date) , Petitioner executed an Affidavit in support of her Motion for an order for service of summons on Respondent by publication. A copy of that Affidavit is attached as Exhibit A and incorporated by reference. 3. On __________________ (date) , in reliance on the Affidavit, the Court entered an order granting leave to publish summons by publication. A copy of that order is attached as Exhibit B and incorporated by reference. 4. Pursuant to the order of the Court, Petitioner had the summons published in the newspaper for _____ (number) consecutive weeks, beginning on ________________ (date) and ending on __________________ (date) . The newspaper is a weekly newspaper published in ________________ (name of county) , ______________ (name of state) . 5. The summons and a copy of the complaint were deposited in the United States mail addressed to Respondent at ___________________________________________ _________________________________ (street address, city, state, zip code) . At the time the summons and complaint were mailed, Petitioner knew that the foregoing address was not Respondent's correct address and also knew what Respondent's correct address was. 6. Respondent did not receive the summons or complaint filed in this action, or any notice of any kind, and had no knowledge whatever that a copy of the summons and complaint was mailed to Respondent. Respondent further states that he has not resided at ____________________________________________________________________ ___________ (street address, city, state, zip code) , since _______________ (date) , a fact which was well-known to Petitioner. 7. Thereafter, such proceedings were had in the action that a judgment of default was entered against Respondent on __________________ (date) , in which Petitioner was granted a divorce on the grounds requested in her complaint. 8. Petitioner's divorce from Respondent was procured by fraud, in that Petitioner concealed from the Court Respondent's true address and prevented Respondent from receiving notice of the action against him and prevented him from defending against the action. Respondent had no knowledge of the divorce action instituted against him. 9. This Motion is based the facts set forth in this Motion, on the Affidavits of Respondent and ____________________ (name of attorney) , and on the records and papers filed in this action. WHEREFORE, Respondent requests that: 1. The Judgment of divorce rendered in the above-entitled action be vacated and set aside; 2. Respondent be allowed to file his answer in that action; and 3. Respondent be granted such other and further relief as the Court deems proper. Respectfully submitted, ___________________________ (Name of Respondent) By:______________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Respondent’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, _____________________ (Name of Attorney) , attorney for Respondent _____________________ (Name of Respondent) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the Petitioner: ______________________ (Name of Attorney) ____________________________ (Post Office Box No. or Street Address) ____________________________ (City, State, Zip Code) This the ____ day of __________________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) _________________________ (Signature of Attorney) Respondent’s Attorney State Bar No. ____________ OF COUNSEL: _____________________ (Name of Attorney) _____________________________ (Post Office Box or Street Address) _____________________________ (City, State, Zip Code) Telephone: ________________ Notice of Motion to Vacate Divorce Decree You are notified that on _________________ ( date) , at __________ (time) , or as soon thereafter as counsel can be heard, in Courtroom ________ of the ______________ Court for _______________ County, _______________ (State) , at the ________________ (County) Courthouse at ______________________________ _____________________________________________ (street address, city, county, state, zip code) , Respondent _____________________ (Name of Respondent) , by and through his attorney, will bring on for hearing his Motion for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Respondent’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) ____________________________ (Post Office Box or Street Address) ____________________________ (City, State, Zip Code) Telephone: ________________