What is considered as a fair trial for divorce procedures?

[coolgirl]

I have a couple of questions regarding divorce and was hoping someone would be able to help me out. I live in TX so i really am not aware of the rules and regulation of the divorce process and its law. Here is a bit of my situation. My ex hubby and I came to agreement to separate back in September of last year. We went and filed papers we both signed the form but made a mistake and signed the wavier at the same time. I didnt know there was a waiting period. We both had came to decsion to put the divorce on hold and work through out our issues. I called up the court here in TX and said that it was final. First, off all both of us didnt show up for court. But the agreement was signed by the judge. When we both didnt show up the first time. The 2nd time my ex got notified by the court that he needs to come and pick up the paper work so he went and had no idea about it without my consent and actually wanted to talk to the judge himself. My ex told me that at that time that bc we were on no speaking temrs he didnt let me know about it and did what he had to do as far as showing up and he was well aware of what our plans were, the 2nd time around. I dont want any money coming out of this. Not, only he did not tell me about showing up the 2nd time around, he was trying to get some money out of the accident he had last year and that time we were still seperated and not divorced yet his plan was to take the money and not tell me about it and found out through my father and my lawyer that I was entitled to some money coming out of the case.

There are no kids involved we dont have children. But can I ask for a fair trial? Our divorce was over a year and a half ago. Is it to late to ask for a fair trial?

 

Note: When the divorce was final back in January 3-4 months later my ex gets a call back from court to show up and pick up the paper work and met with the judge. Is this how long it usually take to reappear in court again?

[sidehop]

I would definitely consult a lawyer regarding this type of matter. You may also want to get some feedback on sites like Labor Law Talk which discuss wide variety of laws including divorce.

[Sn0man]

I dont want any money coming out of this. Not, only he did not tell me about showing up the 2nd time around, he was trying to get some money out of the accident he had last year and that time we were still seperated and not divorced yet his plan was to take the money and not tell me about it and found out through my father and my lawyer that I was entitled to some money coming out of the case.

Interesting.

[coolgirl]

I would definitely consult a lawyer regarding this type of matter. You may also want to get some feedback on sites like Labor Law Talk which discuss wide variety of laws including divorce.

 

Sideshop, I want to contact his attorney for the case he had regarding his accident and want to find out if he had gotten any money regarding this case and if he has wouldn't i be entitled to the percentage of the money while I was still married to him at that time? Even, if I did contact his attorney I would't even know how to go about it bc I know for a fact that they will confirm it with him and thats what I want to avoid?

[coolgirl]

Interesting.

 

If you dont mind me asking what's Interesting about this?

[Day_Walker]

The possibility of you recovering money is going to depend on when the law in Texas decides that you were separated. I think that you need to consult an attorney familiar with divorce proceedings.

[coolgirl]

The possibility of you recovering money is going to depend on when the law in Texas decides that you were separated. I think that you need to consult an attorney familiar with divorce proceedings.

 

We were seperated when he had the accident, and was told by my lawyer that what ever happened during the time we were married that I am entitled to anything.

[DN]

I don't know what the law is in Texas. But when my brother-in-laws ex asked for some of the compensation he got from an insurance company for a motor-cycle accident she was refused on the grounds that the money was to recompense him for pain and suffering.

 

If there was lost income that affected you that may be different.

[HeartGoesOn]

I think the only person that you can get sound advice about this matter, is from is an Attorney.

[avman]

You'll have to consult an attorney on this. Given that your divorce was over some time ago you are going to face some serious obstacles in getting any issues reopened. You may be able to show some cause due to fraud but again that's something an attorney has to address with you.

[lavenderdove]

Yes, you need an attorney.

 

But keep in mind that if you signed a waiver that allowed the divorce to go thru without you showing up, you can't just take that back because you now want more money. What you signed may have been legal permission for the judge to conclude the divorce without your presence in the courtroom at the time.

 

But you need to talk to a lawyer who would understand the specifics.

[coolgirl]

I dont know of an attorney around here, and the attorney I had was my dad's attorney and I dont want anyone finding out what i'm up too because this is my business only. If anyone knows a good site for legal advice can anyone please post it here. Thanks !

[avman]

You can choose any attorney. And your attorney is bound by confidentiality. They cannot disclose your information to anyone by law.

 

I don't think a legal advice site is going to be much help in this situation. You need an attorney to review your divorce decree, examine your claims regarding the money, and then tell you if you have any legal standing in your state.

[lavenderdove]

There are many attorneys who will give the first consultation for free, so you can look for one of those (in your yellow pages or newspapers or referral sites), then go in and give them an overview.