Legal Question in Family Law in California

The bench required written closing arguements by both parties after the divorce trial. I represented myself and the ex-spouse was represented by counsel. The tentative Decision came back not favorable to me. I know, tough luck. My question is that opposing counsel intentionaly put in false numbers as it relates to equalization payments and off-sets. For example, money from my 401K was used to pay for my daughter's attorney for an unrelated matter. In testimony, I stated that $4K was used from the 401K, and the other $3K to pay this attorney was from an education trust not under my control, therefore the 3K wasn't community assets. The decision came back listing $7K. This is only one item out of many. I had ten days to respond to the tentative decision and did so feeling pretty confident that the Judge would correct the errors. I even asked for sanctions because I felt it was obvious that opposing counsel did this on purpose. The order just came back from the bench stating he had read both responses and ordered opposing counsel to draft the final order consistent with the tentative decision. What happened? I am left feeling like the Judge was just checking his facebook during the trial, allowed opposing counsel to do whatever he wanted, while not even checking the facts even after I pointed them out. Really, he can just ignore testimony and the facts? What now? Is appellate court the only answer? There is approximately $20K of debt assigned to me that is completely bogus. Obviously, I didn't have money for counsel in the first place, so appealing with an attorney is pretty much out. Can I complain to the Commission on Judicial performance? Failure to ensure rights, Bias/appearence (bias to party represented by counsel?) The bench also gave me a copy of a winning arguement use in another case that opposing counsel used in an effort to "show me how to write the closing arguement." I know this is likely to set off attorneys when it comes to complaints, but this is outrageous.


Asked on 6/02/11, 12:27 pm

1 Answer from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

The tentative decision is from the judge. The judge apparently didn't believe you. You're only recourse is to appeal.

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Answered on 6/21/11, 8:43 pm


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