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Family court - Judge made error in final order of marital assets give ex all house hold items and cars.

Bankruptcy and Debt 3 views 2 answers
Divorce was in 2009. If the final order the Judge writes he gave the ex all marital assets except for the house, claiming I asked for nothing. I knew that was wrong as I can remember doing the paperwork with my attorney. 3 years later now, I discovered in the "pre-trial order" listing all marital assest in the house, and cars, under exhibit 8. in pre-trial order i listed everything and my ex asked for nothing ...but she got everything. The judge had over looked my claim in the pre-trial order, yet its filed in the county clerks office. Am I too late to present this to the judge for him to give me my marital assets. Is my attorney responsible for failing to check on this 3 years ago ...as he thought we forgot to file for the marital property.

Attorney Answers

2
Glen Ashman ·
It is likely too late to deal with it, but sadly, it's considered your fault as you should have looked at your own decree and brought this up within days of the decree. Claiming something in a pretrial order is meaningless - a judge can do as he pleases at trial. The person who can best answer you is your lawyer at the trial.
0 upvotes
Robert Mccurry ·
Sorry to give you bad newes, but you had a trial and lost. The time for any type of appeal or post trial motion has expired. Also, you cannot modify property divisions as you can modify child support or alimony. As to whether your attorney erred, you need to talk to your attorney. But ask why did you wait three years to raise this issue? You should have rasied the issue at the time of the judgment so you attorney could have timely acted if an error occurred.
0 upvotes

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