[OR] Can I set aside a divorce judgment because the petitioner altered it?
Petitioner altered data on dissolution of marriage after respondent signed. Do I have a case?
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Thanks for your question.
If the petitioner altered material information after you signed—without your consent—that can be fraud on the court or forgery. Under ORCP 71 B, relief from judgment for fraud/misrepresentation is generally within a “reasonable time,” not more than one year from entry; however, for fraud upon the court, courts may allow relief beyond a year if the misconduct is well-documented. If the changes affected property, custody, or support, you can move to set aside or modify the judgment and seek sanctions.
With your contempt hearing set for July 10, raise the alteration issue proactively—especially if the alleged contempt stems from the changed terms. Gather proof (original signed version vs. altered version) and consider requesting a continuance so you can file an ORCP 71 motion. The court can also investigate if fraud/tampering is substantiated.
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Petitioner altered data on dissolution of marriage after respondent signed. Do I have a case?
Lexi, Chatbot
When did you discover the alterations?
1.5 years later.
Lexi, Chatbot
Have you confronted the petitioner?
No. I have to appear in court on July 10 for a motion to show cause (contempt).
Lexi, Chatbot
Anything else the family lawyer should know?
Yes.
Legal Eagle
Thanks for your question.
If the petitioner altered material information after you signed—without your consent—that can be fraud on the court or forgery. Under ORCP 71 B, relief from judgment for fraud/misrepresentation is generally within a “reasonable time,” not more than one year from entry; however, for fraud upon the court, courts may allow relief beyond a year if the misconduct is well-documented. If the changes affected property, custody, or support, you can move to set aside or modify the judgment and seek sanctions.
With your contempt hearing set for July 10, raise the alteration issue proactively—especially if the alleged contempt stems from the changed terms. Gather proof (original signed version vs. altered version) and consider requesting a continuance so you can file an ORCP 71 motion. The court can also investigate if fraud/tampering is substantiated.
How do I file a continuance? And thank you.
Legal Eagle
You’re welcome—see my assessment above.
Thanks again.
Legal Eagle
Of course—chat anytime.
Legal Eagle
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