How many times can a ex-husband bring his ex-wife to court.
5 attorney answers
This question, like most questions, would require consultation with a family law practitioner to go through the facts, in detail, to provide you or your friend with the best answer. It sounds like a Motion for Reconsideration was filed. These Motions are supposed to be handled administratively by the Court. It is rare that they are successful because these Motions ask a judge to overturn their own previous decision. They are only supposed to be considered if there is new evidence, that was not previously available, that the Court should consider. A Motion fro Reconsideration can also be used to correct a typographical or scrivener's error the Court may have made. With all that said, there is no answer as to how many times someone can take someone to Court. However, Massachusetts counties have adopted the individual calendar system where each case is assigned to be heard by a specific judge. If that judge hears a matter, over and over again, that judge will usually take care of that problem themselves by refusing to allow someone to repeat themselves. If a litigant continually brings frivolous Motions, then the opposing litigant can bring a Motion asking that a Judicial Case Manager be given authority to screen out Motions and decide which ones can go forward, before they are heard by the judge.
When you say that he was recently awarded a few items, was that via a Temporary Order or a Separation Agreement for a Divorce Judgment? If it is a divorce judgment, have your friend look at the specific language. If the agreement states that the issue of property divorces “merges,” he has the right to file for a modification. If the agreement states that all issues “survive,” property division is unmodifiable and he may not ask her to reopen the issue. Good luck!
Did your friend have a divorce/family attorney represent her in the original action? If so, she may want to set up a consult with that attorney. If not, or she wasn't happy with the representation, she should consult with an experienced family law attorney. The facts of the case deal with a lot of emotions regarding infidelity and placing your friend in a financially difficult situation. A good family law attorney will be able to sort through the emotions and deal directly with the facts of the case. Best of luck to her!
Without knowing more facts, it appears that the husband is seeking to vacate the order/judgment or have it reconsidered. Workout knowing more, the best advice I could give would be for your friend to speak with an attorney who could review all of the documents and give her proper advice.
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