QUESTION

Can I appeal my divorce decree after 2 years?

Asked on Dec 29th, 2012 on Divorce - Florida
More details to this question:
I could not afford an Attorney. We had 2 houses and a commercial building. Lost 1 home that she took more than half of our things. Building I got. Second home she got with all our things. I was always self-employed, she worked and got all retirement, 401k, I got no cash to live. I should get half I'm told. I believe I was misrepresented and did not get justice. We lost our home, I want the things from that home that she took and my half of the cash. I also got a car, she took the truck, that i needed to work. Is there help fore me?
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8 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You are probably way too late to appeal in any state, but you need to contact an attorney in the state where the divorce decree was issued to be certain.
Answered on Jan 09th, 2013 at 12:42 PM

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Too late to appeal in Washington State. Sue your attorney for malpractice perhaps. Statute of limitations is fast approaching. Act now.
Answered on Jan 09th, 2013 at 12:41 PM

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Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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You only have 30 days to appeal a divorce decree. If you can show fraud or that your spouse hid assets, you can file a motion to set aside the decree. You would need to consult with a local attorney to see if you have any chance at this.
Answered on Jan 09th, 2013 at 12:41 PM

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Marc John Weinpel
There are certain dates which will determine your right to reopen. If the decree is over 2 years old even malpractice action is barred. There may be the ability to attack for Fraud, but need to know more.
Answered on Jan 09th, 2013 at 12:40 PM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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Absent fraud, you are stuck with your judgment. I'm sorry.
Answered on Jan 09th, 2013 at 7:26 AM

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Child Custody Attorney serving Milwaukee, WI at Zales Law Office
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The time for appealing your case has long run. Most appeals must be filed within 90 days. If there was some kind of fraud involved or the concealment of assets, you could move the court pursuant to sec. 806.07 for relief from judgment. I do such motions but after two years it may be difficult. Nevertheless, it may be worth exploring depending on what additional facts you have.
Answered on Jan 09th, 2013 at 5:58 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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No, in Idaho the time to appeal is 42 days after the judgment is entered. You waited too long. And you probably should have gotten an attorney at the time to protect your interests.
Answered on Jan 04th, 2013 at 4:39 PM

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Your statements are, "I could not afford an attorney" and "I believe I was misrepresented". Those statements are inconsistent. If you were not represented by an attorney, the only one that could have 'misrepresented' you was you! If you were represented and think your attorney misrepresented you, I would suggest you run it by an attorney that specialized in legal malpractice. Additionally, inasmuch as the Court always retains jurisdiction, you can always request a hearing for reconsideration.
Answered on Jan 04th, 2013 at 4:39 PM

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