How do I petition our divorce case again? 13 Answers as of May 04, 2015

Just recently the judge in my divorce case reopened the divorce because my ex-husband was fabricating and stealing our community property during the proceedings. I was going through the divorce by myself but the judge said that a lawyer could re-petition for these claims. What do I do now?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Without more, I do not know the actual current procedural status to know what the next step is. If there is an application to vacate, you will have to submit opposition to that, with proof of your husband's false statements and that if anyone committed fraud to the Court, it was him. If the matter is already set down for trial or a hearing, you will need to prepare to present admissible proof of your position at the hearing. If your husband's position is without merit, you should be entitled to an award of counsel fees. Since the rules of evidence can be difficult to understand unless you have been trained in that area, you may be better served by consulting with an attorney.
Answer Applies to: New York
Replied: 5/4/2015
S. Joseph Schramm | Joseph Schramm
Because you are now involved in a part of divorce law that requires more sophistication in pleadings, you should retain counsel to represent you. Lots of people go through divorce proceedings pro se to save money on attorney fees. Sometimes this works out for the parties and sometimes it does not. However, when a divorce proceeding reaches a level where motions and petitions are needed the suit has reached a level of sophistication that requires the knowledge and ability an attorney. At this point people are ill-advised to start drafting motions and petitions on their own.
Answer Applies to: Pennsylvania
Replied: 5/4/2015
Law Office of Eric S. Lumberg | Eric S. Lumberg
An attorney can review all issues and determine whether a new motion should be filed concerning the case. Consult with an attorney to discuss all options further.
Answer Applies to: Michigan
Replied: 5/1/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Find an experienced divorce lawyer. If your friends and family do not know of a good one, try Avvo.com, or the Lawyer Referral Service of the State Bar, or online or the Yellow Pages. Good Luck. I hope your ex has the resources to satisfy a good judgment in your favour.
Answer Applies to: Wisconsin
Replied: 5/1/2015
Law Office of Joan M. Canavan | Joan Canavan
You will need to file a Motion to Vacate Judgment as provided for under Rule 58 of the Massachusetts Rules of Domestic Relations Procedure and a Motion to Stay on Motion for Relief from the Divorce Judgment as provided for under Rule 62. The Motion to Vacate will allow the Judge to review the reasons why you think the Divorce Judgment should not stand as ordered and the Motion to Stay will prevent the terms of the agreement being carried out until the Court can rule of the Motion to Vacate Judgment . The Judge probably suggested you hire an attorney to assist you because the procedure is very particular and must be followed exactly to be reviewed by the Judge.
Answer Applies to: Massachusetts
Replied: 5/1/2015
    The Palme Law Firm, P.A. | Steve Palme
    Get a lawyer. This sounds like a complex procedural problem and you need an attorney to walk you through it. Plus, with so few details, I cannot really tell what ?reopening? a divorce means.
    Answer Applies to: North Carolina
    Replied: 5/1/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    You need a family law attorney. You can get a referral from AVVO or your local bar association.
    Answer Applies to: California
    Replied: 5/1/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    What you're describing is a complicated issue involving a breach of fiduciary duty and management and control of property by the other spouse. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 5/1/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    I would suggest you call a Family Law attorney and schedule a consultation. The attorney should be able to answer all your questions and concerns. Do it soon.
    Answer Applies to: Florida
    Replied: 5/1/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    You only have 30 days from the initial Decree to reopen the matter. You need to get a lawyer right away. Best wishes.
    Answer Applies to: Nebraska
    Replied: 5/1/2015
    The Gufford Law Firm, P.A.
    The Gufford Law Firm, P.A. | Joseph Gufford
    Consult with a lawyer to review the facts and determine the best course of action.
    Answer Applies to: Florida
    Replied: 5/1/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Your best step would be to consult a local lawyer and show that attorney the decision.
    Answer Applies to: New York
    Replied: 5/1/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    That is a very complicated process and I agree with the judge it is probably best to consult an attorney in these circumstances. If you are in Maricopa County they have a self help website and self help counters with forms at Superior Court locations.
    Answer Applies to: Arizona
    Replied: 5/1/2015
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