Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Sara Pitcher

Cordell & Cordell Divorce Lawyer

Res judicata is a Latin term meaning "a thing adjudicated."

This refers to an issue that has been definitely settled by judicial decision. This bars the same parties from litigating a second lawsuit on the same claim or any other claim arising from the same transaction that could have been but was not raised in the first suit. 

There are three essential elements for res judicata:

1.) An earlier decision on the issue;

2.) A final judgment on the merits; and

3.) The involvement of the same parties or parties in privity with the original parties.

The impact of res judicata in family law may be perceived differently than in other areas of law.

Question:

A new family court judge has replaced the previous one who heard our arguments over splitting medical costs and variable expenses.

The previous judge said he favored my side, but did not add the language to the court order after the hearing, so can the new commissioner access any notes the prior commissioner may have made about our case if the order wasn't updated?

Can the new commissioner overrule the previous judgment?

By Jennifer M. Paine

Cordell & Cordell Divorce Lawyer

Chances are at some point in your case you will be responsible for reviewing and drafting all or a portion of a divorce settlement, order, or judgment.

Certainly, when your case settles you and your divorce attorney will share in drafting the settlement documents - some of which your judge will sign - with your ex and her attorney. 

In many jurisdictions, judges also require divorce lawyers and parties to prepare judgments and orders based on the judge's rulings at a hearing or trial.

That's where the language traps in a divorce settlement come into play.

Question:

For a default divorce to be granted, do I have to have a record that my wife was served notice of the hearing date?

I have filed for divorce and had her served by a process server, but she failed to respond within the 20-day waiting period my state's divorce laws require.

Question:

My final divorce decree includes a provision that restricts my ability to live in the same city as my ex-wife.

Can a divorce decree include restricting where a noncustodial father can live?