Divorce Trial last week, motion to compel discovery denied. Better to petition or re try case to get new judge?

Asked about 1 year ago - Las Vegas, NV

20 yr marriage. Husband made 5 times my income, I supported myself. He spent entire paycheck each month and has 30K in credit card debt. I am 11 years older with serious health issues. I got 500 in support, no health insurance, personal property division worth 70K. I got 1000 and he has 1 year to pay me. With a petition, can my attorney argue my case or does judge just read it. Very unfair outcome, husband lied!! would like new judge so need new trial, yes??

Attorney answers (5)

  1. John D. Jones

    Contributor Level 10

    4

    Lawyers agree

    1

    Answered . You are stuck with your judge. It is possible that a motion for a new trial could be successful if you have new evidence. This needs to be filed within 10 days of the notice of entry of the order. Otherwise you have 6 months to move to set it aside the decree based upon fraud. You did not say what his income is so it is impossible to know how offensive 500.00 per month is. Alimony is always modifiable.

  2. Jill K. Whitbeck

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . You cannot get a new trial, and you cannot get a new judge. An appeal would likley not be successful. It sounds as if you were not ready for trial, as you were not ready to rebut your husband's lies. It is quite normal for people to attempt lies in the courtroom to achieve an advantage. You have to be ready for that, and have the evidence to prove the lies -- or, preferably, have the evidence that proves the truth. Nevada is a community property state, so whether or not he spent his paycheck or used credit cards is irrelevant. The Judge can only divide the community property proven to be in existence at the time of divorce. As the other attorney's have opined, you may have something you can bring a motion on, but my guess is that such is a slim chance. You absolutely need to speak to your attorney about this and what options you have.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  3. Boris A. Avramski

    Pro

    Contributor Level 14
    Best Answer
    chosen by asker

    Answered . If you were represented by an attorney at the trial, you should probably consult with a malpractice attorney. That is on additional avenue for recovery other than the once suggested by my peers.

  4. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No new trial - doctrine of estoppel

  5. Matthew Thomas Majeski

    Pro

    Contributor Level 18

    Answered . If you have completed the divorce then there will be no more arguments unless there is an appeal or motion to amend or vacate (both rare) that is approved.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

Related Topics

Divorce

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

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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