Legal Question in Family Law in New Jersey
Custody Battle Declared Mistrial, Yet Divorce Granted?
After a custody battle for 1.5 years, where the judge's health was deteriorating quickly, and a divorce was granted to my ex-husband within this battle November 28, 2005. The judge died the beginning of January and the entire thing was declared a mistrial. My question is basically a 2 part question, first off...are we legally divorced, or wouldn't that be considered part of the overall mistrial? Secondly, since the court was aware of the judge's deteriorating health throughout most of the trial, is anyone at this point liable since my legal fees have gone well over $36,000 with many trips to court being cancelled due to the judge being sick on those days. Do I have any legal recourse????
2 Answers from Attorneys
Re: Custody Battle Declared Mistrial, Yet Divorce Granted?
Hi,
A very interesting situation. I would have to have more information about the mis-trial to know whether you are still divorced. Is that your husband's attorney's position?
Next, your legal fees will not be the Court's responsibility. However, you might be able to get your husband to be responsible for some or all of the fees, but this depends on many issues. I cannot address this without more information.
I would suggest you talk to your current attorney, but if you are not happy, you need to retain new counsel immediately. Good luck.
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Re: Custody Battle Declared Mistrial, Yet Divorce Granted?
I would think that a transcript of the trial could be ordered and the parties could stipulate it into evidence and then take up live testimony from that point. Anything else would be absurd.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com