What happens when a judge reserves Judgement?

What is a reserved judgment? At the end of the hearing the judge will usually state that judgment is being reserved and will then later circulate a draft written judgment to the parties. This is common practice in the High Court.

Can a Judgement of divorce be reversed?

In general, there is no easy way to revoke the divorce degree but if any of the spouse filed the divorce petition earlier, then the other party can go to the court and possess the right to challenge accordingly. With the immediate effect, the High Court would dismiss the divorce decree and may allow the appeal.

How are Judgements delivered?

If more than one judge is deciding a case, the judgment may be delivered unanimously or it may be divided into a number of majority, concurring, plurality, and dissenting opinions. Only the opinion of the majority judgment is considered to have precedent-setting weight.

How long can a Judgement be reserved?

The norms and standards state that the Judicial Officers should make every effort to hand down reserved judgments no later than three months after the date of the last hearing.”

Can a decree be Cancelled?

A decree which has been obtained by fraud can be cancelled by the same court which has passed the decree and the application filed. The party need not to file a fresh suit.

Why did Family Court Award husband post judgment interest?

The family court judge based her decision to award Husband post-judgment interest on the court’s authority to correct clerical errors under Rule 60 (a), SCRCP, and upon a finding the terms of the divorce decree addressing Husband’s equity in the marital home were ambiguous and required further construction.

Can a post judgment motion affect the sale of marital home?

The Brown decision provides the family court bench and bar guidance that post judgment motions authorize remedies to affect the marketing and sale of marital real estate when one party’s actions are delaying the sale. I always reserve jurisdiction over that issue for that reason.

How does a judge affect a divorce case?

As a divorce attorney, I have experienced the power that judges hold in a divorce case, and have seen the good, bad and the ugly when it comes to how a judge’s opinion of the parties creates the tenor of the proceedings and affects important issues, such as custody and alimony. There is no divorce by jury, or a pool of your peers. Just the judge.

What happens if your ex spouse refuses to sign the deed?

The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it. Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property.