Expert Advice When You Need It Most

Regarding a court judgment that has been motioned to be set aside.

Asked over 2 years ago - San Dimas, CA

The court in my divorce case signed a judgment to end my divorce. Recently the wife decided to motion the court to set aside the judgment because of a change of heart. She is requesting sposal support now. We agree to the terms........and my questions are:

#1: What would I have to do on my end ( court wise) if the above outlined (agreement) has been reached?

#2: What if I, or, we both decide to not get divorced at this stage what needs to be done on my part as the petitioner?

Finally, if her attorney drafts an agreement and I sign it, will the original judgment date still stand without me having to address the court any longer? And is an attorney to represent me advised even though we are in agreement on terms?

Flag

Save

Share with:

Attorney answers (1)

Dianna Gould-Saltman

Reputation Level 14

Answered over 2 years ago.

Flag

#! depends on the legal basis for the request to set the judgment aside. If it's just a "change of heart" that's not a legal basis to set aside the judgment. If she was prevented from participating by fraud or relied on false information provided to her by you, she might be able to set the matter aside. Depending on her legal grounds there would be different things for you to do.

#2: If both of you decide not to get divorced (at all) you can both sign a dismissal of the action and stay married. If one of you wants to get divorced and the other doesn't, it doesn't mater which of you it is, the divorce goes forward.

#3: If you sign a new agreement which MODIFIES the terms of the judgment that doesn't change the date of the divorce. If you sign an agreement to SET ASIDE the judgment, including the termination of marital status, that DOES affect the date of the divorce.

Gould-Saltman Law Offices, LLP

Mark as good answer

Add comment