The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Dakota Motion to Vacate or Nullify Divorce Decree Obtained by Fraud as a Result of Failing to Serve Respondent at Known Address refers to a legal process in North Dakota that allows a party involved in a divorce to challenge and request the court to void a previously issued divorce decree due to fraudulence committed by the other party. This particular type of motion arises when it is alleged that the respondent was not properly served with the divorce papers at their known address, resulting in an unfair divorce decree being obtained by the petitioner. In North Dakota, there are different types of motions to vacate or nullify a divorce decree, each based on specific circumstances. These may include: 1. Motion to Vacate Divorce Decree based on Failure to Serve Respondent: This type of motion is filed when it is believed that the respondent was not served with the divorce papers at their known address as required by law. The party seeking to vacate the divorce decree argues that the lack of proper service denies their right to proper notice and an opportunity to participate in the divorce proceedings. 2. Motion to Nullify Divorce Decree based on Fraudulent Actions by the Petitioner: This motion is filed when it is alleged that the petitioner deliberately misled or deceived the court to obtain a divorce decree by fraud. Examples of fraudulent actions could include providing false information or concealing material facts during the divorce proceedings. 3. Motion to Set Aside Divorce Decree based on Newly Discovered Evidence: This type of motion is filed when new evidence is discovered after the divorce decree has been issued that could potentially change the outcome of the case. The party seeking to set aside the divorce decree relies on the newly discovered evidence to argue that the original decree should be nullified. 4. Motion to Rescind Divorce Decree based on Mutual Mistake: This motion is filed when both parties discover that a significant mistake was made during the divorce proceedings, such as a clerical error or an oversight that had a material impact on the decree. The motion argues that the mistake warrants the rescission of the divorce decree and a reopening of the case. In summary, a North Dakota Motion to Vacate or Nullify Divorce Decree Obtained by Fraud as a Result of Failing to Serve Respondent at Known Address provides an avenue for individuals who believe their divorce decree was obtained through fraudulent means due to the failure of proper service. Various types of motions can be filed in these circumstances, including those based on failure to serve, fraud, newly discovered evidence, or mutual mistake.
