Res Judicata in Family Law: Why Past Events Can't Be Revisited

Latin terms are a staple in legal jargon. However, in recent decades, there has been a shift away from Latin to make the law more accessible. One term that has persisted is "Res Judicata," meaning "Let the Decision Stand." This principle signifies that once a matter has been litigated or had the opportunity to be litigated, it is considered resolved and cannot be repeatedly brought up.

In family law, Res Judicata is rigorously enforced. Courts generally prevent parties from raising events that occurred before the last court order. This is to avoid rehashing the entire relationship every time a family returns to court. There is some flexibility to set the foundation for current events. For instance, if your ex-partner is an addict, the court may allow some evidence from the past to establish their addiction but will quickly shift focus to recent events.

Evidence created before the last court order is typically inadmissible unless it is newly discovered and the proponent could not have reasonably known about it during the previous proceedings. For example, a text message on your phone from before that you didn't realize was relevant would be inadmissible. However, a medical record showing your ex was in treatment for substance abuse without your knowledge, when you had no reason to know, would be admissible.

Courts have broad discretion to rule on evidentiary issues. If a trial court makes a poor ruling regarding evidence, obtaining relief in the Court of Appeals is challenging. The standard is that once a valid final judgment on the merits is entered, no party can subsequently introduce any evidence or raise any argument that was the subject of the former lawsuit leading to judgment.

According to the Restatement of the Law 2d, Judgments (1982), Sections 24-25, you must not know or have reason to know that some piece of evidence existed for it to be admissible. If consideration of the newly discovered evidence would lead to a different judgment, you may have grounds to request the court to overturn the old judgment.

If you are seeking legal assistance regarding your family law situation you can contact N.P. Weiss and schedule a consultation.

This blog was drafted by Eric J. Cherry, an experienced attorney at N.P. Weiss Law who practices family and criminal law.  For more information about Eric, you can visit his bio page.

This article is meant to be utilized as a general guideline. Nothing in this blog is intended to create an attorney-client relationship or to provide legal advice on which you should rely without talking to your own retained attorney first.  If you have questions about your particular legal situation, you should contact a legal professional.