Legal Question in Family Law in Washington
Mis-Trial Divorce
Last week the Judge handed down his ruling at our divorce trial, after a 32 yr marrige. That's went okay. My lawyer did not investigate all bank accts (some not disclosed by spouse). I have many life long medical problems. My Dr. was there to testify. As was an appraiser of collectables. ($90 G). But because he didn't file in a timely manner, they were dismissed. Two years ago we took out a home equity loan of $52 G. $15 G was used around house, rest he used....somewhere... Is it too late to have these things reconsidered? What, How, When?
Thank-you
1 Answer from Attorneys
Re: Mis-Trial Divorce
A mis trial occurs when a judge decides that for whatever reason a trial cannot go forward. It happens in criminal proceedings, not in civil, where the parties are presumed to be prepared to make their case.
Your lawyer may have had some reason to not disclose the financial details, I don't know. Have you talked to him?
A week after trial is NOT the time to be thinking that all your evidence was not presented.
You have ten days after entry of a written decision to ask the trial court to reconsider. Your only other alternative is to ask the appeals court to review the decision. That is a 30 day deadline.
The issue is that you have to 'splain to the court why it is that the information was not available at trial. All financial information should have been before the court at trial.
You may want to talk to another lawyer about what happened, but please know that your time frames are VERY short.
Elizabeth Powell
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