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husband said he wasnt going threw with the divorce. i showed up to court unprepared

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msludwig

Junior Member
New Mexico- the courts granted my divorce on Dec 3. We had no lawyers and I didn't think I needed one cause my husband and I (I thought) had reconciled. Until we walked in to court and he told the judge he wanted to proceed. I was devastated and could do nothing but cry. I asked numerous times for the judge to give me a few days to obtain and lawyer and was denied that opportunity. Needless to say I was unprepared. There were numerous property items that weren't discussed. Now I need to have them addressed. Also my husband was ordered to pay off my cc debt and has not. My credit has hit bottom and I am considering bankruptcy over it. Please help me. What can I do?
 
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LdiJ

Senior Member
New Mexico- the courts granted my divorce on Dec 3. We had no lawyers and I didn't think I needed one cause my husband and I (I thought) had reconciled. Until we walked in to court and he told the judge he wanted to proceed. I was devastated and could do nothing but cry. I asked numerous times for the judge to give me a few days to obtain and lawyer and was denied that opportunity. Needless to say I was unprepared. There were numerous property items that weren't discussed. Now I need to have them addressed. Also my husband was ordered to pay off my cc debt and has not. My credit has hit bottom and I am considering bankruptcy over it. Please help me. What can I do?
All you can do at this point is to get a consult with a local divorce attorney to see what, if anything can be done. You do not need advice from an internet forum you need advice from a local divorce attorney.
 

latigo

Senior Member
New Mexico- the courts granted my divorce on Dec 3. We had no lawyers and I didn't think I needed one cause my husband and I (I thought) had reconciled. Until we walked in to court and he told the judge he wanted to proceed. I was devastated and could do nothing but cry. I asked numerous times for the judge to give me a few days to obtain and lawyer and was denied that opportunity. Needless to say I was unprepared. There were numerous property items that weren't discussed. Now I need to have them addressed. Also my husband was ordered to pay off my cc debt and has not. My credit has hit bottom and I am considering bankruptcy over it. Please help me. What can I do?
You do have legal options such as a motion for reconsideration or a direct appeal from the court rulings.

However, because the same jerk of a judge that denied your request for a continuance and entered the final order would be hearing all post judgment motions it may take an appeal to a higher court to reverse the ruling.

BUT unfortunately these processes are beyond a layperson's capability. So, if you are determined to go forward you will need the services of a family law attorney. Also, it maybe that your ex-husband could be ordered to assist you in payment of the fees.

I suggest that you do some calling to find an attorney willing to grant you a free initial consultation. Many do.

Just one other comment. It is difficult to reverse a final decree of divorce. The reason being that a greater range of discretion is afforded a family court judge than in non-domestic cases. Consequently it requires a showing that the judge abused his or her discretion in making the ruling. And reviewing judges are disinclined to make that determination. All they look for is something in the trial record to support the ruling.

Here, however it would seem that your appeal would rest with the fact that the judge denied your request for the continuance. This would not fall under and thus be considered a matter of judicial discretion.

Good luck
 

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