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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption