[stp1999]

My divorce with my first husband was final a year ago. six months ago i was remarried. My ex had filed a motion to vacate our divorce and he won! So now that the divorce was vacated, am I remarried to my ex? I did not have a lawyer because we could not afford one.

We have two kids envolved and under the old divorce, the parenting time was split between us 50/50? Does that change also?

[aaron]

In what state or country?

[stp1999]

Ohio - USA

[Guilty Or Not Guilty]

Requests to the Court must be in formal writings called complaints, petitions and/or motions. All paperwork must be filed with the Clerk of Courts and served on the other party if a final order has been issued, or to the party's attorney if the case is still open. The Court will rule on all complaints, petitions and/or motions. In some cases a hearing is required, in others the Court can rule based upon the written paperwork. The opposing party must be notified of the hearing date so that he or she can respond to all filings.

The rules of the Ohio Supreme Court prohibit a Judge or Magistrate from discussing a decision with one party unless the other party is present or has been notified of a hearing and does not attend the hearing.

If you think a Magistrate's Order is incorrect or unfair your attorney or you may file an objection within ten(10) days of the time-stamped date of the Order.

If you think a Magistrate's Decision is incorrect or unfair your attorney or you may file an objection within fourteen (14) days of the time-stamped date of the Order.

If you do not agree with a Judge's final Decision, your attorney can file an appeal to the Twelfth District Court of Appeals. These procedures have technical, procedural, and time requirements. It is important that you consult with an attorney concerning your legal rights.

Did your ex know you have remarried?
Were you present in court when your husband was present to vacate?
Did you ever read the petition your husband filed to vacate? if so was everything he answered correct?

[Mr. Knowitall]

Your marriage to your new spouse is probably voidable due to the setting aside of the divorce judgment. You should consult a lawyer about possible remedies, including asking the court to reconsider its opinion, asking the court to enter a divorce judgment "nunc pro tunc" back to the date of the original judgment and leaving any other issues for future hearings, or appealing the decision.

Without knowing what happened or why, I can't really say more than that.

[stp1999]

Can I appeal the judgment to vacate the dissolution because I was already married?

[aaron]

That won't affect the validity or invalidity of the original divorce judgment.

[stp1999]

I meant the judgment to "vacate the divorce" which was entered this past week.

[rmet4nzkx]

I meant the judgment to "vacate the divorce" which was entered this past week.

Then you want to file a motion to reconsider based on the fact that the motion to vacate exceeded the statutory limits if in fact your decree was final. Do you actually have a paper in hand stating that you are actually divorced or do you have some papers that were to be filed and you assumed you were divorced? If so then that is a different story. What ever the disposition of the divorce/vacate/reconsider/appeal you can file for tempoary custody and visitation orders pending a resolution, but until then, your custody orders and parenting plan are a thing of the past and while you have as much right to custody of your son as dad, exercising it is another issue. Did you attend the hearing vacating your divorce?

[stp1999]

Yes I attended the hearing. The judge only vacated the divorce and that was it. The divorce was legal and final. Everything was filed properly for the divorce. He got the divorce vacated because child support was figured incorrectly.