• 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.

Divorce decree pulled back.

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

RAKESH15

Junior Member
What is the name of your state? Delaware


Divorce decree had already given in last May 2006, with a valid certificate.

In Pre-trial meeting, judge pulled it back in May 2007 saying, it is not valid.
you did share the same bedroom, so no separation is granted,
so start separating again for 6 months and will be delivered in Jan. 2008, if it's valid.

Is this a joke?

"Coz we have alreday filled out months back
Tax forms of 2006 and child educatiuon appli.
on that divorced basis and certificate.

What 2 do ?

Thx.
 


Silverplum

Senior Member
What is the name of your state? Delaware
Divorce decree had already given in last May 2006, with a valid certificate.

In Pre-trial meeting, judge pulled it back in May 2007 saying, it is not valid.
you did share the same bedroom, so no separation is granted,
so start separating again for 6 months and will be delivered in Jan. 2008, if it's valid.


Is this a joke?

"Coz we have alreday filled out months back
Tax forms of 2006 and child educatiuon appli.
on that divorced basis and certificate.
What 2 do ?
Thx.
Judge did it = it's not a joke.
 

Ohiogal

Queen Bee
DO NOT SLEEP WITH YOUR SPOUSE BETWEEN NOW AND WHEN THE DIVORCE IS GRANTED! It should be quite simple but apparently not.
 
If there is a divorce pending, why would anyone in their right mind share the bed with their STBX spouse ? Sex with the Ex = BAD IDEA !! Especially if the state you are living in requires a legal separation. Move in with your parents or a good friend until the divorce is finalized.
 

moburkes

Senior Member
If there is a divorce pending, why would anyone in their right mind share the bed with their STBX spouse ? Sex with the Ex = BAD IDEA !! Especially if the state you are living in requires a legal separation. Move in with your parents or a good friend until the divorce is finalized.
Free, easy access booty!:D
 

RAKESH15

Junior Member
^^

You all misunderstood.

It was not for any sexual purpose at all.

Due to space limitation and small house problem,.. in same bed sleeping in diff corner on queen size bed.

No one touches or talks no one.

No one can go anywhere else.


This new summons was, in fact a reopening of the same case
which was initially created in 1999 and was left inactive as the mattre was settled among ourselves and was just reopened in Dec. 05, by spouse.

So still sharing same bedroom and queen size bed,
and stilll no one looks at no one and touches/talks no one.

Limited space and No other alternative.

No sexualt attraction or initiation at all, from either side.

judege simply pulle dback the decree already awarded 1 yera ago.

What about the tax forms - 2006 and college edu. appli. alreday fille din 5+ months ago on same decree paper ??
 
Last edited:

Ohiogal

Queen Bee
^^

You all misunderstood.

It was not for any sexual purpose at all.

Due to space limitation and small house problem,.. in same bed sleeping in diff corner on queen size bed.

No one touches or talks no one.

No one can go anywhere else.


This new summons was, in fact a reopening of the same case
which was initially created in 1999 and was left inactive as the mattre was settled among ourselves and was just reopened in Dec. 05, by spouse.

So still sharing same bedroom and queen size bed,
and stilll no one looks at no one and touches/talks no one.

Limited space and No other alternative.

No sexualt attraction or initiation at all, from either side.

judege simply pulle dback the decree already awarded 1 yera ago.

What about the tax forms - 2006 and college edu. appli. alreday fille din 5+ months ago on same decree paper ??

File an amended. The problem is if you are sharing an abode then you are NOT separated.
 

LdiJ

Senior Member
File an amended. The problem is if you are sharing an abode then you are NOT separated.
Can a judge really "undo" a divorce that is already final? I can understand re-opening property settlements or child related issues, but see some real problems in undoing a finalized divorce. What if the parties had remarried? Is this not highly appealable?
 

Ohiogal

Queen Bee
Can a judge really "undo" a divorce that is already final? I can understand re-opening property settlements or child related issues, but see some real problems in undoing a finalized divorce. What if the parties had remarried? Is this not highly appealable?
Nope. But it sounds like they were separated and going to be finalized and the judge started the clock over. I think the terminology is odd.
 

LdiJ

Senior Member
Nope. But it sounds like they were separated and going to be finalized and the judge started the clock over. I think the terminology is odd.
Are you saying "nope" the judge can't undo a finalized divorce (other than property settlement and child issues etc.) or are you saying "nope" its not appealable if the judge does?

I am leaning towards the former rather than the latter, but I want to be sure I understand what you are saying.
 

Ohiogal

Queen Bee
Are you saying "nope" the judge can't undo a finalized divorce (other than property settlement and child issues etc.) or are you saying "nope" its not appealable if the judge does?

I am leaning towards the former rather than the latter, but I want to be sure I understand what you are saying.
The judge cannot undo a finalized divorce. Even appeals courts will not "undo" a finalized divorce to my understanding but they can and will reevaluate property and what not. However OP mentions that the judge did this at a PRE TRIAL so that leads me to believe that they had filed for legal separation to proceed to divorce last May and this May the judge "undid" the legal separation because they have NOT been separated and do not meet the definition.
 

LdiJ

Senior Member
The judge cannot undo a finalized divorce. Even appeals courts will not "undo" a finalized divorce to my understanding but they can and will reevaluate property and what not. However OP mentions that the judge did this at a PRE TRIAL so that leads me to believe that they had filed for legal separation to proceed to divorce last May and this May the judge "undid" the legal separation because they have NOT been separated and do not meet the definition.
You may be right, but that "with certificate" bit threw me, as well as them filing taxes as divorced. I just wanted to clarify that a finalized divorce could not be undone. Other people are going to be reading this thread and I didn't want them to think that they could undo a finalized divorce.
 

RAKESH15

Junior Member
^^^

Parties/spouse initially applied in aug. 1999, for divorce,
While separating inside a same house from - dec. 98 to aug. 99.
[Cooking, cleaning and sleeping differently]

After that the matter was solved {settled by family elders - with mutual understanding}
25 days later after the summons were served, so respondent did not respond to any court papers / nor appeared and petitioner also pulled/ withdrew back the case, while keeping the file still open and inactive in a dormant way.

Later in dec. 05
Same petitioner opened the case again of 99, [old file] and after
Paper work.. etc ,.. finally in May 06, an official decree was given in terms of a divorce paper.


Then pre-trial and other settlement time was asked for extension and finally pretrial was held in May 07- few days ago from now( Delaware)

Judge asked , on or before May 06 were you sharing same bed?

Answer was "yes".
Since we both slept in same bed in diff corner, untalking each other { no sex at all] as explained in previous posts.

Judge said, Divorce is not valid and you should ,....start separating now and I will pull back decree
and if it's proper separation then,. you will get decree in next Jan 08


BUT,
she [judge] still kept the finance and property division date and schedules intact - as it is , which is in Mid July this year.

What about I paid her child support for last one year? - Even though We are not divorced yet as per court, and living in same house??

What about tax 2006 filled in as divorced separately by both?

What about son's college finance papers were filled by her[spouse] as divorced
showing only her gross income etc..??

Many issues.

Divorce pulled back,.. but judge kept child support terms, papers, property div. date and finance division schedules.. etc. as it is !! [ next month final meeting - for final hearing]

How that can be done,... if divorce is not done yet??
 

Golfball

Member
^^^

Later in dec. 05
Same petitioner opened the case again of 99, [old file] and after
Paper work.. etc ,.. finally in May 06, an official decree was given in terms of a divorce paper.


Then pre-trial and other settlement time was asked for extension and finally pretrial was held in May 07- few days ago from now( Delaware)

Judge asked , on or before May 06 were you sharing same bed?

Answer was "yes".
Since we both slept in same bed in diff corner, untalking each other { no sex at all] as explained in previous posts.

Judge said, Divorce is not valid and you should ,....start separating now and I will pull back decree
and if it's proper separation then,. you will get decree in next Jan 08


BUT,
she [judge] still kept the finance and property division date and schedules intact - as it is , which is in Mid July this year.

What about I paid her child support for last one year? - Even though We are not divorced yet as per court, and living in same house??

What about tax 2006 filled in as divorced separately by both?

What about son's college finance papers were filled by her[spouse] as divorced
showing only her gross income etc..??

Many issues.

Divorce pulled back,.. but judge kept child support terms, papers, property div. date and finance division schedules.. etc. as it is !! [ next month final meeting - for final hearing]

How that can be done,... if divorce is not done yet??
You admitted, in court, that your divorce decree (if it existed in the first place) was not obtained in compliance with DE law. (According to the DE courts website, there needs to be a 6 month separation, which requires separate bedrooms.) As such, it can be argued that the divorce decree is voidable, and void, and never legally existed in the first place.

Everything else, you probably ought to talk to a DE attorney, but you & your wife will probably have to file many revised documents.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top