Trying to amend a divorce decree

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theresa1

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Back in Sept. 2007 I signed a legal separation agreement with my x wife. I was about to leave within 2 days for a deployment with the military. In the agreement it states that she was to get the vehicle, alimony, 25% of my retirement, and that she could move out of state with my two children (to her mothers address in MO), and that we are both responsible for our debt. It also states in the agreement that "this agreement could be submitted as a final divorce decree". The divorce was finalized in Feb. 2008, using the separation areement as the final decree. I was unable to be present at court due to being on deployment. It also stated in the final decree "petitioner is not currently pregnant."

My question is can I amend this divorce decree due to:
1) The petitioner lied to the courts. She was pregnant and gave birth to a baby 3 months later (with another man). Which shows that she was preganant prior to the separation.

2.) After looking at my credit report, the petitioner applied for credit and credit cards under my name as the primary person 2 months prior to our separation without my consent and I had no knowledge of it until now when I am receiving bills from various debt collectors.

3.) After the separation agreement was filed, the petitioner filed my taxes with out my consent. She had no w-2 but filed married filing jointly with my income. She had the whole return direct deposited into her bank account.

4.) The petitioner got married 10 days after our divorce was finalized.

5.) In 1997 we purchased a home with my father being the co signer. In 1999 we moved from the home and my mother and step father have lived there and paid the mortgage ever since. This real estate property was never mentioned in the divorce decree or the separation agreement.

6.) The petitioner never had any intent on moving to her parents home in MO, instead she moved to another state than what was written on the agreement to live with her husband.

I tried to contact a lawyer when I received the final decree but due to me being away and having telephone time limits, I was unsuccessful. I am now back from my deployment, which has been 9 months since it has been finalized. Can I amend the final decree?
 
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I think you need to consult an attorney again. You may be able to amend the decree, but you have a lot of issues to iron out.
 
I agree you need to see an attorney.
If she is remarried you probably can stop alimony if you have not already.

Make sure you get visits with your children and if she moved, I would ask that she provide at least half the transportation costs.

Close your credit card accts and see if she has commited any crime.

You can aks for repayment of 50% of the tax return.
 
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