Can a judge sign a proposed judgement submitted by the petitioner in a divorce case without making sure it is fair to both?

Asked over 1 year ago - Petaluma, CA

Married 10 yrs, stay home mom. Ex's income $160,000. We had a two day trial by a judge. I cant afford a lawyer but my husband(ex) did. I was a bit sloppy but I had a lot of credible evidence on several issues. PROOF of hidden $, custody recommend 50/50, my support needs & my share of property,etc. The judge asked us to make a prop judgement I didnt understand & I sent mine to the court & did not file it. I didn't know how it worked. I assumed that if there was a problem I would be notified, so they must have received it. I thought that I had to just note what I like or didn't like about it. His proposal was unfair, incomplete & lied on what they said in court. He got our home, gave him 80% custody of our 3kids & lowered CS & 90% of the prop, but the judge just signed it!

Attorney answers (2)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19


    Lawyer agrees

    Answered . You should have consulted with attorneys because you could have potentially been awarded attorney fees from your former spouse to represent you. Now that the judgment was signed you have very short deadlines to file post judgment motions. They're really short, 10 and 15 days to get the request filed. Call attorneys right away.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. James Otto Heiting


    Contributor Level 14

    Answered . Post-judgment motions and requests must get immediate attention. If there was a clerical error, there are possible remedies. If the judge made a mistake, there are other remedies. You may have rights to make motions and ask for relief; and you may be able to successfully appeal the decision(s). There is not enough information here to give you definitive answers; and you should see your attorney, or get an attorney to review the matter immediately. It would require an extensive review and research, and thoughtful consideration.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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