Skip to main content

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

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??

+ Read More

Attorney answers 5

Best Answer

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.



I will not do a BK, what other avenue could you suggest, thank you!!


No new trial - doctrine of estoppel


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.


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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


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 consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.