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if you could not get legal representation during my divorce can i go back and get a retrial 6 years later?
i was denied legal representation when i went to my divorce hearing and got nothing in the hearing even lost my children. it has been 6 years and i heard that you can go back and refile if you feel you were wronged. i had no money and legal aid refused to help me so i had to go alone while my ex had legal counsel. can i go back to that time and get what i worked for?
9 Answers
- DadsDivorce.comLv 510 years agoFavorite Answer
Unless it was a mistrial, you cannot get a retrial of your original case. If you believe that there was a mistrial, then your current legal representation would have to file with an Appeals Court. This does not mean that your entire case will be re-heard however. It only means that the portion of the case which was wrong will be looked at.
Another option at this point would be to see if you meet any guidelines for modification of the existing decree. I am unsure what you are attempting to change, so without further information I cannot tell if a modification would even work in your situation or not.
The best thing you can do if you feel you were wronged or have need for a modification of some sort, is to speak to a licensed attorney in your state to see what sort of legal processes there are to help you.
You may also want to do some research on DadsDivorce.com on the subjects of what you are looking to change to see what they might have to say. They are a free resource website for men facing the various issues associated with divorces, both beforehand, during and after. There is even an Ask a Lawyer section that you could ask this question in to see what they might have to say. I would like to suggest that you give a bit more detail in your question to them so the attorney will know exactly what you are attempting to achieve.
- Gary BLv 710 years ago
You might, but why?
Things won't change. You have shown to the court that you "don't care" by waiting SIX YEARS to do anything about it. The time to complain is "now" while you were in court. NO ONE has to go to court undefended. Had you complained to the judge, he could have appointed you a Public Defender. Legal Aid may not have helped, but the PD's office would -- at the judges request.
Since this is a FAMILY court problem, the judge will find in favor of the 'status quo' (how things have "always been"), and basically, things won't change as this could be "detrimental to the children".
So, all you are going to get is more aggravation, more pain, and a more f''ed up family! You will, of course, have to pay a lawyer, and if HER lawyer is smart he will have the court charge all costs (including HER lawyer bills) to YOU when you lose.
the only thing that MIGHT change is that your Child Support payment will go UP!
There are some battles that just ain't worth fightin'!
Leave it alone.
- geoffryLv 45 years ago
regrettably it rather is criminal because of the fact merely the mothers and dads could have rights to little ones. it sort of feels as though the mummy isn't waiting to permit bypass of her toddler and is going to be bowled over incredibly while she chooses her father over her that's comprehensible coming from a mom's perspective and how she will continually sense approximately her little ones. the greater youthful person needs to make the alternative taking the little brother out of the placement and what is going to be ultimate for herself besides because of the fact the kin. if she would not prefer to lose her little brother she will make that selection on her very own yet there is not any court intending which will substitute what the mummy has proclaimed. until eventually she tells the court that she is scared to opt for because of the fact of what her mom has advised her and the decide will take that in the time of attention and maximum in all probability will deliver her together with her dad based on the situations.
- mmmLv 710 years ago
you were NOT denied legal representation - you do get that right? you had every right to go out and seek out an attorney of your choice - you chose not to - and you made too much to get legal aid and didn't do your homework until it was too late - blame no one but yourself
I am wondering waht you are trying to modify? what is it that you worked for? How in the world did you lose your children? makes no sense to me
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- Anonymous10 years ago
I do not understand how legal aid can refuse you. If I were you I would contact a lawyer and ask them.
- 10 years ago
Don't think so. But you can get legal counsel now and see if you can make a few changes. How old are your kids?
- redpeach_miLv 710 years ago
No. You can go back to court and try to get child support and things like that re-done, but you can't go back and refile.
- Anonymous10 years ago
Sounds like you get over things pretty quickly. Are you going to sue your parents as well for your childhood?