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Voiding a Divorce Decree

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nEAL&sARAH

Junior Member
What is the name of your state? Missouri
Can an uncontested divorce decree be voided if the information within it was (and is) incorrect?
 


dallas702

Senior Member
I think it would have to be materially wrong, and have some very pertinent effect on the outcome. But, if it is uncontested and signed off by both parties there isn't much to be done. If only one party signed it will still be hard if notice was properly given. It probably depends on the state, which may be why CA divorces take 6 months to become "final". If you're talking about distribution of the assets I think it will stand as signed ond ordered. But others will know more on this.
 

I AM ALWAYS LIABLE

Senior Member
dallas702 said:
I think it would have to be materially wrong, and have some very pertinent effect on the outcome. But, if it is uncontested and signed off by both parties there isn't much to be done. If only one party signed it will still be hard if notice was properly given. It probably depends on the state, which may be why CA divorces take 6 months to become "final". If you're talking about distribution of the assets I think it will stand as signed ond ordered. But others will know more on this.
My response:

You hit the nail on the head, Dallas, when you said there would have to be a "material" fact that would have affected the outcome in some significant manner. Otherwise, minor, immaterial, mistakes cannot cause a Dissolution to be reversed.

However, the reason why California requires 6 months to pass before a final decree is signed is because California wants couples to use that time to think, and to possibly dismiss their action. Believe it or not, California law is pro marriage, and the law does what it can to protect the sanctity of marriage by placing a modicum of "hurdles" in the way. California attempts to save marriages, but at the same time, California law acknowledges the fact that you can't keep someone married if one or both of the parties doesn't want the marriage.

Hey, sometimes that 6 month waiting period works. Most often though, it doesn't.

IAAL
 

dallas702

Senior Member
I do think that 6 months is a good idea. Of course, then we have Las Vegas and Brittney Spears for our kids to look up to.
 

nextwife

Senior Member
dallas702 said:
I do think that 6 months is a good idea. Of course, then we have Las Vegas and Brittney Spears for our kids to look up to.
I'm in WI, and we have Brett Favre for our kids to looks up to.
 

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