Texas  |  Family Law

Legal Question

Asked on: 3/12/08, 12:48 am

Divorce Retrial - Any Point

The judge did not believe that I was sick during the divorce hearing on 11/11/07. Consequently, judge awarded spouse over 33% of my pension and 401K which is more than half of our assets when combined with the other accts and property that he received. I was declared disabled and unable to work on 3/3/08 and have custody of my 14 yo son who has Asperger's. Lawyers went back to court on 3/7/08 to get judge to sign final papers because ex wouldn't sign without QDRO being finalized.

Can I get the case retried with new evidence of disability if I file within 30 days? Does it even make sense to do this? I really need my pension and part of my 401K back to survive. My disability is not something that is curable, but I would be dipping into what is left of my 401K to pay for it.

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