Can a commissioner or judge revoke a divoce after being finalized?

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Can a commissioner or judge revoke a divoce after being finalized?

I was granted my divorce 8 months ago; we went to court for the custody hearing and the commissioner stated they set aside the divorce 2 months ago. Is that even possible after receieving the divorce document, which was dated, signed and stamped (II was able to use these documents to change my name)? Also, I just recently got re-married. How will this affect my new marriage?

Asked on April 25, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This doesn't make any sense and it sounds like either improper service occurred or he was looking at the wrong case. If you were married while you were divorced (let's assume this Commissioner is correct for argument's sake), then your marriage is legal and that reversal should not have an effect. You need to immediately seek counsel and you may need to sue a few people to get this matter handled. A divorce cannot be set aside if both parties have signed and the court has signed off on it. Did the Commissioner give you a reason the divorce decree was set aside? Did he give you a copy of the documentation? If not, sounds like he really doesn't have any idea what is going on. Better to get an attorney now or go to the court house and get your documentatoin to see if in fact it has been set aside and then show your attorney that you were never served documentation to dispute this matter and you relied on the divorce decreee to get re-married.


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