Do I have legal grounds against a petitioner who altered a dissolution of marriage after the respondent signed?
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I will try to give some thoughts...
In Oregon, if the petitioner altered material information on a dissolution of marriage judgment or related court documents after you signed them—and without your knowledge or consent—it may constitute fraud upon the court or even forgery, both of which are serious legal violations.
Under ORCP 71B, a party may seek relief from a judgment based on “fraud, misrepresentation, or other misconduct of an adverse party” within a reasonable time, not exceeding one year from the judgment’s entry. However, Oregon courts have held that in cases involving fraud upon the court itself (such as tampering with documents submitted to the court), the one-year limit does not always apply, particularly when the misconduct was discovered later and is well-documented.
If the changes affected the outcome—such as asset division, custody, or support—you may have grounds to file a motion to set aside or modify the judgment and request sanctions or penalties against the petitioner.
Given that you’re now facing a contempt hearing on July 10th, it is critical to raise the issue of the altered documents proactively, especially if the alleged contempt relates to terms that were fraudulently changed.
Oregon courts are generally sympathetic to respondents who can show their compliance has been hindered by misrepresentation or procedural misconduct. You should:
- Gather any evidence you have (original signed copy vs. altered version)
- Consider requesting a continuance of the contempt proceeding
- File a motion to set aside or amend the judgment under ORCP 71
The court may also refer the matter for further investigation if fraud or document tampering is substantiated.
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Petitioner altered data on dissolution of marriage after respondent signed. Realized this after 1.5 years. Do I have a case? Linn County, Oregon.
I'm sorry to hear about your situation. When did you discover that the data was altered on the dissolution of marriage documents?
1.5 years later.
Have you already confronted the petitioner about the altered data on the documents?
No, I have to appear in court on the 10th of July for a motion to show cause for contempt.
Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your case.
No.
Good afternoon and welcome. Please give me a moment to review your question.
I will try to give some thoughts...
In Oregon, if the petitioner altered material information on a dissolution of marriage judgment or related court documents after you signed them—and without your knowledge or consent—it may constitute fraud upon the court or even forgery, both of which are serious legal violations.
Under ORCP 71B, a party may seek relief from a judgment based on “fraud, misrepresentation, or other misconduct of an adverse party” within a reasonable time, not exceeding one year from the judgment’s entry. However, Oregon courts have held that in cases involving fraud upon the court itself (such as tampering with documents submitted to the court), the one-year limit does not always apply, particularly when the misconduct was discovered later and is well-documented.
If the changes affected the outcome—such as asset division, custody, or support—you may have grounds to file a motion to set aside or modify the judgment and request sanctions or penalties against the petitioner.
Given that you’re now facing a contempt hearing on July 10th, it is critical to raise the issue of the altered documents proactively, especially if the alleged contempt relates to terms that were fraudulently changed.
Oregon courts are generally sympathetic to respondents who can show their compliance has been hindered by misrepresentation or procedural misconduct. You should:
- Gather any evidence you have (original signed copy vs. altered version)
- Consider requesting a continuance of the contempt proceeding
- File a motion to set aside or amend the judgment under ORCP 71
The court may also refer the matter for further investigation if fraud or document tampering is substantiated.
Thank you so much for your time!
