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#288432 - 09/25/07 05:27 AM Reopening an uncontested divorce
stacya29 Offline
recently joined

Registered: 09/25/07
Posts: 5
After almost two years, on the day of the trial, my x and I finally agreed to a settlement on Aug 28, and we both got on the stand and stated we agreed on all the issues in front of the judge. Today, my x's new attorney put in a motion to reopen the case. Can he do this? He agreed to everything under oath because he didn't want to go to trial. He also did not fire his former lawyer through the Court as I had to do with my first attorney. Also, he has hired a new attorney and I thought there was some ethics involved with hiring and discussing a case until you fired your former attorney. The judge stated that this case has went on long enough and he was tired of the continuances from my x. The judge said this case had been in the system too long. I am just sick over this because of the emotional and mental stress that my x has put me thru over the course of our marriage and our separation. I'm tired of him constantly "haunting" me and my stress is felt by our child. What can I do?? <img src="/ubbthreads/images/graemlins/frown.gif" alt="" />

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#288433 - 09/25/07 05:36 AM Re: Reopening an uncontested divorce [Re: stacya29]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
What state ?
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#288434 - 09/25/07 10:55 AM Re: Reopening an uncontested divorce [Re: stacya29]
Goodmom Offline
Pooh-Bah

Registered: 06/17/07
Posts: 2202
Quote:
After almost two years, on the day of the trial, my x and I finally agreed to a settlement on Aug 28, and we both got on the stand and stated we agreed on all the issues in front of the judge. Today, my x's new attorney put in a motion to reopen the case. Can he do this? He agreed to everything under oath because he didn't want to go to trial. He also did not fire his former lawyer through the Court as I had to do with my first attorney. Also, he has hired a new attorney and I thought there was some ethics involved with hiring and discussing a case until you fired your former attorney. The judge stated that this case has went on long enough and he was tired of the continuances from my x. The judge said this case had been in the system too long. I am just sick over this because of the emotional and mental stress that my x has put me thru over the course of our marriage and our separation. I'm tired of him constantly "haunting" me and my stress is felt by our child. What can I do?? <img src="/ubbthreads/images/graemlins/frown.gif" alt="" />


I would discuss with an attorney filing a motion to dismiss. That what is ordered is what was agreed to by your ex. He even said so under oath.

And I would file a motion asking that your ex pay your legal fees related to this. Even if his motion isn't dismissed.

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#288435 - 09/25/07 02:05 PM Re: Reopening an uncontested divorce [Re: stacya29]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
People can drag on cases forever. My ex did the same thing, it took longer to get divorced than the duration of our marriage.

Obviously the lawyers can file whatever they want. Whether or not it flies is up to the judge.
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13.1...because I am only half crazy!

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#288436 - 09/25/07 03:57 PM Re: Reopening an uncontested divorce [Re: Miranda]
stacya29 Offline
recently joined

Registered: 09/25/07
Posts: 5
I have an excellent and ethical attorney. He was the one that advised me that he could not discuss my case until I had fired my previous attorney and the motion of dismissal had been filed by the previous attorney. Doesn't my ex have to follow the same process before his new attorney can file this motion to reopen the case? He is trying to say his attorney told him that he HAD to agree to everything but I did not see his attorney holding a gun to his head while he was on the stand agreeing to everything. I just don't understand how he can go out and get another attorney before legally firing the other one. I am hoping this is a loop-hole that my attorney can use against him and his new attorney. I am on pins and needles waiting to hear if the judge signed the papers before this motion was set in place. My ex was extremely verbally abusive during our marriage and some physical took place also and he doesn't want this out is court and that is why he agreed to everything instead of going to trial. I am just so scared and I should have known something was going on when he started wanting to be "nice" again.

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#288437 - 09/25/07 04:18 PM Re: Reopening an uncontested divorce [Re: googledad]
stacya29 Offline
recently joined

Registered: 09/25/07
Posts: 5
State of Missouri

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#288438 - 09/25/07 04:34 PM Re: Reopening an uncontested divorce [Re: stacya29]
matart1 Offline
Carpal \'Tunnel

Registered: 09/01/05
Posts: 2798
it is my understanding that the case could not be reopened unless he could prove circumstances such as fraud existed - I could be wrong but it would have to be defined by the court as to what reason would be acceptable for the court to reopen the case.

I think my husband's divorce lasted around 3 years because of his ex dragging it out.

I liked my divorce.
I filed in July and by October that same year I was divorced.
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Life is a long lesson in humility.

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#288439 - 09/26/07 04:11 AM Re: Reopening an uncontested divorce [Re: stacya29]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
A stipulated separation agreement is binding unless the court finds it to be unconscionable . If the agreement is found to be unconscionable the court can order the parties to create a revised agreement or make final orders for the disposition of property, support, and maintenance in accordance with the provisions of sections 452.330, 452.335 and 452.340 of the Missouri Revised Statutes .

The court can find an agreement unconscionable based on a number of factors including fraud , duress , and changed economic factors .
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#288440 - 09/26/07 02:49 PM Re: Reopening an uncontested divorce [Re: googledad]
stacya29 Offline
recently joined

Registered: 09/25/07
Posts: 5
There was no fraud or any other issues except that my husband, who has had the same attorney since the beginning of this divorce, is now saying his attorney told him that he had to agree to everything but no one held a gun to his head when he got on the stand and said he agreed to everything. That is what his new attorney is using to try and reopen the case. My attorney advised me this morning that we will have a hearing and the judge will rule on whether or not it will be reopened then if he does, we start all over again. My attorney advised me that this case was postponed numerous times by my ex's attorney and my ex was on the stand and agreed to everything under oath and was even joking around with attorney while I was on the stand so he feels that we have a good chance that the judge will rule against this motion to reopen and then it will be a done deal. I am keeping my fingers crossed but it's going to be a long couple of weeks before this torturous wait is over. The only thing I really have on my side is that the judge was tired of this case and was fed up with my ex constantly continuing the case. Please wish me luck & thank you all for your help and advice. I will keep you updated and let you know the outcome. Thanx again!

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#288441 - 09/26/07 03:12 PM Re: Reopening an uncontested divorce [Re: stacya29]
PrincessJ Offline
Carpal \'Tunnel

Registered: 06/25/07
Posts: 7176
Loc: 39.10 degrees North 94.58 degr...
Uhg. I am in Missouri. Let me guess....are you in Clay County?
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