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Is it possible to make a motion to vacate the original temp…

Customer Question
Is it possible to...

Is it possible to make a motion to vacate the original temp hearing if final divorce decree is not yet received by one spouse?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Pima county az

Lawyer's Assistant: Have you talked to a lawyer yet?

I had a lawyer for 10 minutes before a settlement hearing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The settlement hearing was based on a decision from a judge that has moved on. No doubt the judge was prejudiced in his original decision and so says my attorney at the time in writing to me.

Submitted: 3 months ago.Category: Family Law
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Answered in 1 day by:
3/8/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 138
Experience: Attorney
Verified

Hello I would be happy to help you with your question.

First I want to clarify whether this temporary agreement/settlement agreement has become the final judgment for your divorce. If the agreement your reference has been made the final judgment/order of the court (i.e. agreed to by the parties, signed, and presented to the court and approved) then it is unlikely that you can vacate the judgment. Generally, after a divorce has been finalized there is a period of time where either party can appeal the decision. Whether the decision is overturned depends on the argument you would make in your appeal, and whether it can be substantiated by the appellate court who will review the court record. If the final divorce judgment was based on both parties agreement, and approved by the court, then it is very difficult to have that overturned. Depending on the circumstances, a motion to modify the judgment may be more appropriate, but that still requires the party filing the motion to prove that there was a substantial change in circumstances to justify the modification. Being unhappy with the current order is not enough to justify a change.

If the divorce has not been finalized by the court entering final orders , and your agreement really is just a temporary agreement then, again you would not be able to change that temporary agreement, but for a demonstration that the circumstances surrounding the order have changed. An example would be you are ordered to pay alimony at a certain amount, but now your income has been reduced by a job loss so that you can no longer afford the alimony payment at its original amount. If it is truly a temporary order than it will be replaced by the orders that are entered when the divorce is finalized whether that happens as a result of a trial and the judge entering a decision, or you and your spouse coming up with a final agreement that the court reviews and approves.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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