Post-Judgment Motion FAQs
1. If my former spouse intentionally concealed community assets and the court distributed all the known community property, does that mean the judgment is set aside and all the community property is redistributed?
Technically, the court has the power to do this, but redistributing all of the community property will require a significant amount of time and money, especially considering that the parties already spent time and money on the first trial. The court will probably just divide the concealed community property and force the former spouse to pay costs and attorneys’ fees, unless the concealment was so significant that the only fair thing to do is redistribute the entire community estate again.
2. If I find that a legal or factual error occurred at trial, does that mean that the post-judgment motion will be granted?
No. Not only must there be a legal or factual error infecting the trial, but the moving party must show that the legal or factual error negatively affected the moving party’s rights. It’s not enough to show that a mistake occurred, the moving party must show that the mistake harmed the moving party, and that if the mistake hadn’t occurred, the moving party would have had a more favorable judgment.
3. What happens after the court denies a post-trial judgment? Is there anything else I can do to contest the judgment?
After a court denies the post-trial judgment, that court no longer has the power to hear the case. If you wish to further pursue legal action, you will need to file an appeal.
4. I didn’t like my previous attorney’s representation during the family law attorney. Could his or her representation be a legal basis to set-aside the judgment?
It depends. The court has the discretion to set aside the judgment if an attorney made certain types of mistakes, depending on the facts and the complexity of the law. To determine whether the mistake was the kind that justified a set-aside motion, contact a Southern California family law attorney.
If you or someone you know is dissatisfied with the judgment of the family law court, contact a Southern California family law lawyer to discuss your options. You have a brief period of time to make a post-judgment motion, so do not delay. A family law attorney can review the trial transcripts, research the law, and advise you whether you have valid grounds for a post-judgment motion or appeal. Family law can be complicated, so consult with a good family law attorney as soon as possible.
If you or someone you know wants to file a post-judgment motion, you will need an experienced Southern California family law attorney to closely review the facts and the law to see if your motion has merit. At Wallin & Klarich, we have helped people with post-judgment motions for over 30 years. Call us today at (888) 749-7428. We have offices in Los Angeles, San Bernardino, Riverside, Ventura, Victorville and Orange County. We will get through this together.