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I received a final judgement on my divorce last sept 1st, re

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Hello, I received a final...
Hello, I received a final judgement on my divorce last sept 1st, re marry on Oct. then my ex wife files a motion to set aside judgement. When that motion is granted, does it make my second marriage null and void? Thank you
Submitted: 1 year ago.Category: Family Law
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Answered in 2 hours by:
10/25/2016
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,596
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If the judge agrees to grant the motion (which isn't guarantee - plenty of these motions are denied), what would usually happen is that he would set aside the part of the judgment related to property distribution, alimony, child support and similar issues - without setting aside the fact of the divorce itself. Usually in this scenario, couples remain divorced while they rehash the other legal issues. It would help to mention in your response to her motion that the judgement should not be set aside because you legally remarried after the final divorce. The judge typically doesn't want to take action to involuntarily invalidate a marriage when neither spouse wants that to happen.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 1 year ago
We (me and my ex wife) already have a court date hearing regarding the said motion to set aside the judgement, can we still cancel that date if we agree on issues that needs to be addressed thru mediation?
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

Yes, you can. If the two of you submit a joint Notice of Withdrawal of Motion, along with a copy of the settlement agreement, and ask the judge to cancel the hearing. Usually, they'll do it. Whatever you agree will then become part of the judgment.

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Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

Do you have any other questions about this?

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Customer reply replied 1 year ago
Thank you very much Atty. If we don't agree on say the division of properties, where do we go from there? Who determines who gets what?
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

If you can't agree, the judge decides. Under California law, all property acquired during the marriage by either spouse is community property and gets divided equally between you, unless you have a prenuptial agreement. Then that agreement would control. You're each entitled to keep any property you had going into the marriage, unless you added the other spouse's name. For things like a house purchased before the marriage that has a mortgage, then the non-owner spouse could be entitled to reimbursement for a portion of mortgage payments made during the marriage, or they could get half the equity increase from improvements done during the marriage. But the default rule is that everything is split 50/50.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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Lucy, Esq.
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Category: Family Law
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