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Wrong Law Used in a Judgment

Discussion in 'Civil Court, Procedure & Litigation' started by stump0414, Aug 30, 2011.

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  1. stump0414

    stump0414 Law Topic Starter New Member

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    The facts here are that the court applied Ohio law in reaching a judgment, when the parties agreed that Virginia law would apply in a divorce decree. Thus I want to see if we can file a writ of mandamus to force the court to apply the correct law and/move to vacate the judgment. A judgment based on the wrong law should be void.

    Is there any applicable case law regarding this subject?
     
  2. army judge

    army judge Super Moderator

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    A divorce isn't a contract dispute. An Ohio court can't use Virginia law to dissolve a marriage. If you wanted that result, you should have taken your divorce action before a Virginia court.

    There are many precedents for disputes such as you cite based in contract law, not family or domestic relations law.
     

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