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Can I go before the original judge (or a judge), and ask…

Can I go before...

Can I go before the original judge (or a judge), and ask that the original divorce decree be modified after 4.5 years? I was bullied and coerced and the current settlement is unfair to me and to our daughter.

Lawyer's Assistant: Can you tell me what state this is in? And how long has this been going on?

California; what do you mean by" how long has this been going on?"

Lawyer's Assistant: Has anything been filed or reported?

As to the emotional and verbal abuse? No. Usually it is physical abuse where there is obvious tangible physical evidence of the abuse.

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

I think not; I can only appeal to the judge if it is not too late and I am writing up everything I can think of to this end. The divorce decree is unfair to our daughter and myself and my ex refuses make any change or arrangements to rectify the situation.....I have appealed to him....

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Answered in 1 minute by:
1/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,272
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
OK

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 6 months ago
I don't need to talk if there is a statute of limitations and I have no recourse. I need to find that out first. It would be a shame if there was nothing I could do.

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Thanks for your patience. The answer to your question is yes. The family court has jurisdiction over the divorce decree indefinitely. For example, if there is an issue with custody, child support, or spousal support that you need a judge to change, then you actually must go through the courts to have them make the modification.

You'll have to show proof that what you want changed is necessary; however, it is the step that you must go through. It may not be the original judge, but it'll be a family court judge that will help you out if you believe the settlement is unfair.

How else can I help you today?

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Customer reply replied 6 months ago
What kind of "proof" are you referring to? I would list a multitude of reasons why I would deem the changes necessary to be fair; the things I would ask for are: Putting one property in my name only; the other would be that the Navada condo that was purchased before the divorce ( which is in his name only....he threatened me), that he write up and record a "Transfer upon Death" to our daughter. He refuses to do anything to protect her as well.

So, the kind of "proof" that I'm referring to would basically be anything that would reasonably lead a California family law judge to change the previous order. If you have proof that the previous order was wrong, inaccurate, not specific enough, or made under incorrect assumptions or facts, then you should bring that up. Does that make sense?

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Customer reply replied 6 months ago
I can only say what is true: I did agree at the time to the provisions in the decree; I was intiimidated, threatened, had no lawyer of my own. Many things are unfair in the decree. Is my word proof? There are items in the decree that would, in my opinion, definitely indicate the unfairness of the settlement. I have never been to divorce court and would need guidance as to how to present my case. what does constitute proof? Just pointing out the unfairness and convincing the judge that I was under duress?

Yes, your word will be proof, but you'll have to be persuasive in your argument that it was unfair.

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Customer reply replied 6 months ago
Thank you! Very helpful Final question:
It this something I can attempt on my own ? Or would I need a lawyer? What legal form(s) would i need & can I find them on line?

As a California attorney, i would say that 95% of the people that request these modifications are doing it without the assistance of an attorney.

Sometimes, your local law library has seminars on things like these kinds of modification requests so you can try to see if they have one for you there. If you qualify, you may be able to get pro bono help, but that depends on their own guidelines.

Did you have any other questions for me at all today?

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Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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