Q: Is it possible to have my 10 year old divorce set aside if my ex threatened to kill me if i attended divorce trial?
Or if i base it even on his violation of our fiduciary duties? In his preliminary dec he lied and said there were no assets to divide although he made well over 150000.00 a year. I was threatened with my kids and at the time homeless and have been ever since i was left with nothing despite him forcing me to quit working and to quit school to stay home with our kids. Hes controlled me ever since using our kids and held me down even and raped me then forced me to terminate the pregnancy. Ive since gotten help from family and friends and come a long way emotionally and finally feel like my thinkings resumed with a clear enough ability to finally stand up to him. I want more than anything to show my kids they can be strong and stand up fpr themselves and that they dont have to be belittled and used the way i allowed him to. Ive spent over 16500 on his repeated custody attempts to take my children which he always exhausts so little happens except maybe to defend myself from his lies accusa
A: I see no way to appeal a 10 year old family law decision, but if there are current matters being litigated in family court you might want to hire an attorney via limited scope representation as that might be more affordable for you. Otherwise you may seek self help resources via the CA Courts website and your local law library. If he is filing frivolous motions in court or being unreasonable and vexatiously litigious, you might want to pursue filing motions for sanctions against him for such actions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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