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.
1 Answer from Attorneys
Re: Divorce Retrial - Any Point
IF you have grounds for appeal, the time begins running the date the decree was signed. You need to consult with an attorney to determine if the cost of the appeal is offset by the potential success of an appeal.