QUESTION
Does it mean I am married legally or the divorce is void if I file for a new trial on my divorce?
Asked on Aug 28th, 2012 on Divorce - California
18 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No.
Answered on May 24th, 2013 at 2:00 AM
Marc John Weinpel
No.
Answered on May 22nd, 2013 at 9:32 PM
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 5:31 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It is NOT a final judgment, you ARE NOT divorced
Answered on Sep 06th, 2012 at 1:56 PM
William C. Gosnell
You are still married if you filed motion for a new trial unless you are only appealing the property division or other alimony issues
Answered on Sep 06th, 2012 at 1:56 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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You are still divorced until a court voids the divorce by an official Court Order.
Answered on Sep 06th, 2012 at 1:55 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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I don't see how a new trial for property or custody issues will alter a Judgment of dissolution.
Answered on Sep 06th, 2012 at 1:55 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Asking for a new trial is not the same as getting one. And, even if you get a new trial, that doesn't mean there will be a different result; the original result is the same until a judge rules differently.
Answered on Sep 06th, 2012 at 1:55 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, the basis for a new trial are very narrow. Are you sure you can do that under your facts?
Answered on Sep 06th, 2012 at 1:54 PM
Barbara A. Fontaine
If you are already divorced, there are limitations on what you can do. Speak to your attorney.
Answered on Sep 06th, 2012 at 1:53 PM
Family Attorney serving Arlington, TX
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The Nwokoye Law Firm
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If a new trial is properly filed and within the deadline, then the final order granting the divorce is automatically suspended pending the outcome of the motion for new trial.
Answered on Sep 06th, 2012 at 1:53 PM
No. Until or unless the judge sets aside the dissolution, you are divorced. When you file the motion for a new trial, in your papers be sure to exclude the "marital status" as an issue you want retried.
Answered on Sep 06th, 2012 at 1:53 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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In my twenty-two years, I have never heard of filing for a new trial for a divorce. If you had a trial, then all matters relating to the divorce have already been resolved. If you contest the court's ruling, you could file an appeal, if you do so within the time frame of the rules of court. If you settled without a trial, then there is not going to be a trial new or otherwise.
Answered on Sep 06th, 2012 at 1:53 PM
If your request for a new trial was granted on all issues then you may still be married. However, if your request was centered on property issues and not the status then you would still be divorced but the property issues would remain undecided
Answered on Sep 06th, 2012 at 1:52 PM
That would depend upon what happened in the original trial.
Answered on Sep 06th, 2012 at 1:51 PM
Ask your lawyer but it sounds like you are divorced.
Answered on Sep 06th, 2012 at 1:51 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No.Probably the only thing you can appeal is the property settlement, custody, visitation or support.
Answered on Sep 06th, 2012 at 1:49 PM
I am not sure what you are asking. If you already have a judgment and you want another trial to change the judgment, you need to have done it within certain time limits. You need to meet with an attorney in person to discuss that scenario. If there are terms of the judgment that you want modified that relate to custody or support, you can file a Request For Orders to modify the judgment. Neither action will invalidate a judgment of divorce until another hearing is held. And, then it may not change the judgment either.
Answered on Sep 03rd, 2012 at 1:57 PM