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Can your Ex spouse retry a divorce trial in California?

Simi Valley, CA |
Filed under: Divorce

Can your Ex spouse retry a divorce trial in California? My Ex put me through 3 years of litigation and a 5 day trial. My lawyer submitted the Judgement to the Court for the Judges signature. Now my Ex filed an objection to the Judgement ( the Judges orders). What happens now? Can my Ex get the Divorce Trial retried?

Attorney Answers 2


Your scenario does not call for a retrial. Instead, the Judge will likely order the parties to obtain a transcript of the trial, and then have each side submit their own proposed Judgment to the court. The judge would then choose which Judgment accurately reflects his/her signature.

There is a procedure by which a litigant can ask for a new trial; however this is not triggered by a dispute over whether the Judgment is accurate or not.

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Your ex can within the 10 day limit submit a motion for reconsideration but only if he alleges new facts. The case however, will not be retried.

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