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Online, my divorce judgment was vacated. Does this mean my ex filed a motion to vacate, or the court?

Antioch, CA |

My divorce was uncontested with custody 80/20, spouse 80 and me 20. Unable to continue financially and not wanting to put the children through anymore duress, I ended up waiving everything. The marriage was 30 years. Spouse makes 3x more than I do and I had to waive support/alimony. What reason would the court vacate the divorce.

Attorney Answers 4

Posted

The court may have found errors in the paperwork. Now you can ask for the support and alimony that you deserve.

I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

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Posted

There might be a jurisdiction problem but the court would have had to make orders so request to see minute orders for the date the vacate order was made.

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Asker

Posted

I went to the court today and they said vacated judgement meant that the clerk needed to check dispo for the divorce was terminated as of the date on the "notice of entry". Thanks for your help.

Posted

Go to the court, collect your ENTIRE file, take it to a self help desk or pro bono assistance center and figure this out. If you can't afford an attorney there should be a self-help desk at the courthouse or a local pro bono association. Search "Antioch Pro Bono divorce help" or "Antioch Legal Aid" and you may come up with something. You should not give up. An attorney who offers a free consult is a good idea and if your ex makes 3X more than you, an attorney may take the case and seek attorneys' fees from your spouse. Don't give up. I highly recommend retrieving your file first.

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Jonathan A Durham

Jonathan A Durham

Posted

I Agree with my fellow attorneys. Collect your file from the court and immediately seek a consultation from a Family Law Attorney. I can not speculate as to why the court vacated your judgment without reviewing the paperwork, but it sounds as if you have a second chance to obtain the alimony and custody you are Legally entitled to . As my colleague mentioned above, California FAMILY.CODE SECTION 2030-2034, provides for attorneys fees to be awarded in situations where there is a large disparity in income between the parties. Given the situation you described it is likely the court will order your former spouse to pay at least a portion of your attorney's fees. In any event it would not hurt to obtain a free consultation or second opinion from an attorney in your area to advise you on your case.

Posted

..all the attorneys gave you excellent advise..I will add something else to their answer...you state that your ex makes 3x more than you do and you had to waive support???why????this creates implications of Community property FRAUD issues....why you waive did you have legal advise??lawyer??someone to protect your interest???and if you did not want alimony why in God's name you did not protect your children... if you recently discover that ex lied in his statement to the court you can revive your case....but everything depends from the facts ...

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