San Diego Divorce Lawyers
Motion to Vacate Judgments
Few legal processes are more draining on the parties involved than a litigated California divorce. These battles are almost always nasty, time-consuming and difficult in an emotional sense. Therefore, few if any people ever want to face the prospect of having to fight a decision that’s been made by the court because they are convinced that it was wrong. Unfortunately, this step is sometimes necessary, and anyone who faces this problem will need the help of experienced San Diego divorce lawyers. Below is an overview of what it generally takes to have a divorce judgment vacated.
What is a Motion to Vacate a Judgment?
A motion to vacate a judgment is a procedural step that’s taken with the court that decided the original divorce case. It is basically a request for the court to render its verdict unenforceable because of some mistake that was made with regards to the law, the facts or some other problem that directly affected the reasoning for the court’s decision. This motion must be filed in a timely manner and it must be persuasive enough to merit clear consideration.
Will a Mistake By Itself Lead to the Vacating of a Judgment?
No, it will not. Even if the moving party shows clearly that a mistake was made with regards to the evidence allowed or some other matter, the moving party must also convince the ruling court that this mistake was material enough to have affected the decision. In addition, this decision made on the basis of a mistake must also have harmed the moving party’s legal rights.
What Happens if My Motion is Denied?
If the court reviews your motion to vacate the original judgment and it decides to deny your motion, that means that the original decision that the court made stands and continues to govern the situation. Therefore, there is only one step left for a party who feels he has been wronged to take, and that step is to file an appeal with a higher court. At that point, the original court has no more power over the matter, and the appeal will be handled by a different entity.
How San Diego Divorce Lawyers Can Help
Judges are highly skilled and trained professionals, but they are also human, which means that they can make mistakes like anyone else. If you feel that you have been wronged by a court’s decision regarding the dissolution of your marriage, you need to seek the help of San Diego divorce lawyers who have been fighting for the rights of fathers and husbands for many years. Contact the Men’s Legal Center today to schedule an initial consultation.