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Can a do it yourself divorce be appealed?

Camarillo, CA |

My sister - in - law agreed to a divorce from her overbearing intimidating ex 1-1/2 years ago in terms that were not only unfair, but he continues to harrase her and not pay moneys he agreed to.
He ended up with a new house and a new truck - purchased before the divorce was final, paid cash for it with his inheritence, (which was kept in his name only to prevent co-mingling of funds), all their furniture and "community property" along with property in northern CA. She ended up with NOTHING! They still own a house togeather which their grown children and several others are renting. My sister in-law wants to sell the house because she needs the funds. He refuses to sell it. Should she hire a Lawer and try to appeal her divorce?

Attorney Answers 3


She needs to hire an attorney, but as the attorney will explain, it is not an appeal which she needs to file but an Order to Show Cause.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

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The marital settlement agreement or final judgment may have addressed the issue regarding the house. She should take all her documents to a family law attorney to review her possible avenues.

An appeal will not likely be something available to her.

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Just to add to the above answers, she cannot fle an appeal because she is beyond the time limit but she can file for the court to enforce the settlement and/or alter it if it was unfair and she had no time to consult and attorney or was coerced into some agreement. As was said, she needs to consult a family law attorney. She can find one on here or contact her local attorney referral service, usually through the local bar association. Getting the right lawyer should help her get the issue sorted out.

Best of luck,

Shannon K. McDonald

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