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I was married for 9 years 11 months and my ex would not wait to get to the 10 years after the Judge asked him to . Help

Los Osos, CA |
Filed under: Divorce Divorce appeals

I was with my ex for 20 years and helped raise his 3 children plus my 2 . I was a homemaker and did not work out side the home for many years except to clean houses. At the divorce hearing the judge asked my ex if he would put off the date for 1 more month so I could get Social Security. He said NO and the Judge continued to finalize the divorce. I was there but locked out of my own trial. I had to be my own lawyer because I had no money so I didn't know what was going on most the time. I am 57 and have no job at the moment. I have no Social Security now and the pension Im suppose to get is another mystery to me on how to get it. I would like to take the whole case back to court but it was final in 2007. My ex lied and Im sure the judge didn't read my declarations. What can I do?

Attorney Answers 3


If your case was finalized in 2007 it is too late to change anything. The Judgment was entered and unless you can show fraud there is no way to modify it. I did not read any fraud allegations.

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Why have you waited 4 years to complain about the outcome? The time to appeal has long run out. And, the judge was not obligated to force your ex to wait longer on the divorce simply to accomodate your desire to claim his SS. In fact, it would have been improper for him to take sides and derail a divorce simply to get you money. As far as the pension is concerned, you need to contact the administrative company and ask how to enforce your pension claim (I'm assuming you were awarded some percentage of the pension in the divorce). There really isn't a way to "take it back to court."

This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

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Sounds like a difficult situation. If there is any way to reopen it, a lawyer in your state would know, but ask a lawyer there right away as it may already be too late.

Anything I say, write, email, fax or text or otherwise convey via this website or otherwise should not be considered legal advice since I have not been hired or paid to represent you and the only advice I give in this communication is that you should hire competent counsel in your jurisdiction.

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