• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Motion to reconsider

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

PEONY418

Junior Member
What is the name of your state (only U.S. law)? PA

Divorce hearing was on June 10, 2008 there was 21 days to appeal the decision, ie: property disbursement. After that we had a 45 day waiting period for ex to buy me out of the house, or after that time it will be auctioned off.
Now were past that 45 day wait and low and behold my lawyer gets this motion to reconsider. My ex is pro se and "disabled" and is crying the blues.
What do you think the chances are for the judge to hear his side again? Hes presenting documents he should've had at the hearing.
My lawyer is looking to have it dismissed, just wondering if anyone else has been through anything like this.

BTW the divorce was final on Sept 2 2008


Thanks
 


Bali Hai

Senior Member
What is the name of your state (only U.S. law)? PA

Divorce hearing was on June 10, 2008 there was 21 days to appeal the decision, ie: property disbursement. After that we had a 45 day waiting period for ex to buy me out of the house, or after that time it will be auctioned off.
Now were past that 45 day wait and low and behold my lawyer gets this motion to reconsider. My ex is pro se and "disabled" and is crying the blues.

Well, I hope you offered a fair alimony figure in the settlement. If the poor guy can't work, the people of the State of PA should not pay his way, YOU should!!

What do you think the chances are for the judge to hear his side again?

Pretty darned good.

Hes presenting documents he should've had at the hearing.

How do you know what he plans to present?? Furthermore, lots of WOMEN do the exact same thing when they discover something that should have been presented in the original hearing, i.e. the ALLEGED overseas bank account.

My lawyer is looking to have it dismissed, just wondering if anyone else has been through anything like this.

Yes, I have been through something like this. Since you're a woman, you likely don't have anything to worry about.

BTW the divorce was final on Sept 2 2008

Thank God you remembered to divulge that critical piece of information.


Thanks

If you need any further information, please do not hesitate to ask.:)
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? PA

Divorce hearing was on June 10, 2008 there was 21 days to appeal the decision, ie: property disbursement. After that we had a 45 day waiting period for ex to buy me out of the house, or after that time it will be auctioned off.
Now were past that 45 day wait and low and behold my lawyer gets this motion to reconsider. My ex is pro se and "disabled" and is crying the blues.
What do you think the chances are for the judge to hear his side again? Hes presenting documents he should've had at the hearing.
My lawyer is looking to have it dismissed, just wondering if anyone else has been through anything like this.

BTW the divorce was final on Sept 2 2008


Thanks

Several factors are involved:

1. If there is no change in circumstances, it is difficult to get a final divorce action changed.

2. If there is a significant change in circumstances, the judge can reopen a case at any time within reason.

So the real question is: was he 'disabled' before the divorce was finalized or did he only become disabled afterwards? If his situation is essentially the same as it was before, he's going to have a hard time changing it. If it's new, he's got a much better chance.
 

PEONY418

Junior Member
Just got the word from my lawyer....It was DISMISSED!!

Anwer to questions:
Yes he was disabled at the time of the hearing, has been for almost 10 yrs.
Disabled=fooling SS, recieving SSI cause he cant work yet can get under his car to repair it among other things, will walk into court with a cane and braces......oh yeah DISABLED!

I know exactly what he wanted to submit, I have copies!!

From day one he swore he wouldnt give me a dime...and thats what his motive is, to try to give me as least as possible.

SO Bali, before you pass judgement with your attitude.....find out whats involved before.
And BTW he should be paying me alimony for the 12 miserable years I was with him while he mentally abused me.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top