Can a decree of annulment be set aside due to fraud?

A default decree of annulment was filed against a defendant who was not personally served, either by mail or any other way. The defendant first found out about this fraudulently made annulment 2 years after decree was granted. The plaintiff hid the fact from defendant and continued to live in their marital house in CA. Affidavit of service was signed by plaintiff’s friend who failed to deliver any documents to defendant. Can the decree of annulment be set aside after 2 years?

Asked on November 8, 2011 under Family Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh my goodness.  Any document can be set aside for fraud and what you are worried about here is the statute if limitations, which is why I believe that you mentioned that it happened 2 years ago.  There are generally provisions in the law that allow an extension of the statute of limitations for certain matters because one of the parties di not or could not - with reasonable attempts - know about the matter and the time to being an action against the other party does not begin to run until the act that gives rise to the lawsuit is found out.  So I would speak with an attorney on this matter as soon as you possibly can.  Good luck.


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