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Following trial and submission of findings of fact and law, how and when can I submit new /updated evidence?

Saint Louis, MO |
Filed under: Divorce

We have started a divorce process in 2011, went through trial, and submitted facts of law and proposed judgement. I have a piece of information that I want to submit but am not sure if I can do it now. I was told the judge is now to review the proposed judgments when it comes to her which may take a couple of months.

Attorney Answers 2

Posted

You will need a Motion to Reopen the Case for additional evidence. You must be able to show this evidence was not available to you prior to trial in spite of a diligent effort by you and your attorney to discover it. If it was within your ability to find that evidence but the effort was not made, don't waste your time. It is very difficult to reopen a case for additional evidence once a trial is completed.

This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.

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Asker

Posted

Ok. Helps a lot. What about my changed finances which are even worse now then they were at the trial time a couple of months ago. My soon to be ex was providing some voluntary amount, but it is not meeting our needs. Can I do anything now to request additional help?

Leonard Komen

Leonard Komen

Posted

Speak with your divorce lawyer about this; there's an outside chance the judge might reopen the case if you can show that the decrease in income was unforeseen at the time of trial; otherwise, once the decree is entered, it can be modified only upon a showing of a substantial and CONTINUING change of circumstances. It is not unusual for a court to say it is not "continuing" unless the substantial change has continued for over a year and a half or so. Thus, this might be your last chance, however slight, to get a change for a long time. Leonard Komen, 7733 Forsyth Blvd., Ste. 2000 Clayton, Missouri 63105 (314) 862-3535 Fax: (314) 726-2340 lenkomen@komenlaw.com website: komenlaw.com Sponsor of Cancer Support Community of Greater St. Louis, formerly The Wellness Community. With affiliates, the largest provider of psycho-social cancer support services in the world; -- providing hope, education, counseling, nutrition classes, movement classes, stress management, networking, and numerous support activities for those affected by cancer and for their families and friends. <http://www.wellnesscommunitystl.org/> www.wellnesscommunitystl.org NOTE: The (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa; and (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you by e-mail because you have consented to receive communications via this medium. If you want future communications to be sent in a different fashion, please let me know AT ONCE.

Asker

Posted

Since I do not have a lawyer now- I could not continue to pay my lawyer so after I accumulated significant debt , I asked her and she did stop representation before the judge due to extreme expenses, do i use the same Motion to Reopen the Case (we are at the point where the trial is done and I submitted my Facts of Laws on my own, based on the trial and available laws in the library). Would there be a Pro Bono service to assist?

Leonard Komen

Leonard Komen

Posted

You should quickly write a letter to the Judge with your circumstances and at the first least ask the judge to delay a ruling for a bit to give you time to file the appropriate Motion. The Motion will require more than a non-attorney's ability so you should make every effort to finance hiring an attorney for this process.

Leonard Komen

Leonard Komen

Posted

Try Legal Aid; otherwise, I have no suggestions Leonard Komen, 7733 Forsyth Blvd., Ste. 2000 Clayton, Missouri 63105 (314) 862-3535 Fax: (314) 726-2340 lenkomen@komenlaw.com website: komenlaw.com Sponsor of Cancer Support Community of Greater St. Louis, formerly The Wellness Community. With affiliates, the largest provider of psycho-social cancer support services in the world; -- providing hope, education, counseling, nutrition classes, movement classes, stress management, networking, and numerous support activities for those affected by cancer and for their families and friends. <http://www.wellnesscommunitystl.org/> www.wellnesscommunitystl.org NOTE: The (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa; and (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you by e-mail because you have consented to receive communications via this medium. If you want future communications to be sent in a different fashion, please let me know AT ONCE.

Posted

Are you doing this by yourself? If so, there are ways to potentially get the evidence re-opened. If you are represented, talk to your attorney.

The answer to this question is not intended to be construed as legal advice. Nothing in this answer creates an attorney/client relationship. I do not represent you. If you wish to consult me regarding representation, please visit my website at www.blfattorney.com

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Asker

Posted

I am doing it by myself as of now as the legal fees have become too much for me to handle. So, while I had legal represenation throughout the trial I had to respond with facts and conclusions of law on my own. I have no representation at this point. What form would I need to submit for new evidence? Also, while the case is pending review my financials have even worsened. I am not sure what I can do about it in terms of bringing it to the attention of the judge.

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