Divorce decree pulled back.

[RAKESH15]

^^ If so,
then how come those questions in details were not asked to my wife { at the time of oath / swearing about the separate bedroom and may be other cooking/cleaning separation requirements } when she was there on the day of receiving a decree, at that time in March 2006?

Why these issues came a year later in pre-trial hearing, a year later - May 2007 ??

Why the child custody , Finance separation and other division issues of property were not delayed/ pull back
and all dates were kept in tact, when decree was delayed, after having rejected??

Smthg seems complicated and does not make sense.

 

[BlissfulMommy]

^^ If so,
then how come those questions in details were not asked to my wife { at the time of oath / swearing about the separate bedroom and may be other cooking/cleaning separation requirements } when she was there on the day of receiving a decree, at that time in March 2006?

Why these issues came a year later in pre-trial hearing, a year later - May 2007 ??

Why the child custody , Finance separation and other division issues of property were not delayed/ pull back
and all dates were kept in tact, when decree was delayed, after having rejected??

Smthg seems complicated and does not make sense.

Obviously the court doesn't consider it "separation" if you sleep in the same bed. It's really not that complicated, it's self-explanatory. I think that things would have been different in court if the Ex would have slept on the couch or in a different room, but in the same bed ? It doesn't even make sense to someone like me who is not a judge that ex's share the same bed - and to believe that nothing happened. Judges are human beings too - just like divorcees like you.

 

[Golfball]

^^ If so,
then how come those questions in details were not asked to my wife { at the time of oath / swearing about the separate bedroom and may be other cooking/cleaning separation requirements } when she was there on the day of receiving a decree, at that time in March 2006?

Why these issues came a year later in pre-trial hearing, a year later - May 2007 ??

This is just idle speculation, but I think it depends on what the paperwork (filed in both 2006 & 2007) looks like.

Your decree paperwork may very well have stated that you had been separated for 6 months (which was incorrect, by your admission), but it could also be that something in your pre-trial property distribution paperwork looked a little odd for actually being separated, causing the judge to ask the question now.

Without seeing what all the relevant paperwork, filings, pleadings, transcripts, and orders, (and when everything occurred) nobody here can say one way or another (except via speculation, which, along with a few dollars, can get you a cup of coffee at Starbuck's) why the question of voiding the decree (on the basis of insufficient separation) came up now, rather than previously.

You really need to talk to a DE attorney, who can explain all the nuances of DE court procedure, the relevant paperwork, the members of the judiciary, and the like.

Why the child custody , Finance separation and other division issues of property were not delayed/ pull back
and all dates were kept in tact, when decree was delayed, after having rejected??

Smthg seems complicated and does not make sense.

Why should it be postponed, when you've already got a court date? Whether or not you have a valid divorce decree can be immaterial to property division/child support/etc. (Divorces are split all the time. Some jurisdictions only allow "split" divorces.)