can ex-wife change divorce decree one year later?

[stealth2]

"she refused to sign the final papers at first because of that provision, but eventually gave in and signed the final papers"

1. The above establishes that the ex was fully aware of the provision and what it meant in the final copy and signed it. Whether she liked it or not is irrelevent.

It COULD also indicate coercion. Just sayin'.

 

[Bali Hai]

It COULD also indicate coercion. Just sayin'.

She doesn't appear to be the intimidated type.

It was more like "judge, I was coerced into signing the final decree, because if I didn't, I would have ruined my wedding plans a month later".

This is all HIS fault. I should continue to get my mortgage and car paid so that my new husband and I can go on our honeymoon.

 

[mistoffolees]

"she refused to sign the final papers at first because of that provision, but eventually gave in and signed the final papers"

1. The above establishes that the ex was fully aware of the provision and what it meant in the final copy and signed it. Whether she liked it or not is irrelevent.

2. Is the provision reasonable? Of course it is. Only a certain group of outrageous people would expect someone to continue to pay their mortgage and car payment after remarriage.

I'm not going to argue whether it's reasonable or not because it's irrelevant.

You are correct that if she was aware of the provision in the order before she signed it, her chances of getting the decree thrown out are slim to none.

 

[fred22#]

Well guess what? I talked to a lawyer today who wouldnt even take my case. because he said if i dont have proof that she was made aware of the change, then that provision shouldnt have been added I cant believe this...even though she called me screaming that she wasnt going to sign the papers, I know that isnt proof. So, because of my lawyers negligance, i now have to pay for her lawyers fees and probably start paying for the car and mortgage again even though she is remarried.....

 

[tuffbrk]

I'm lost - Was the language added after your ex signed the document? If that is what she is claiming, how does she plan to prove that is the case?

Was the language in the agreement when it was signed and sealed by the judge? Because if it was, I'd think she would have a difficult time saying that since she signed a document without reading it, it should be amended.

But again, I'm really kind of lost on this one.

 

[TinkerBelleLuvr]

Can your X prove that she DIDN'T know about the provision beforehand?

 

[Bali Hai]

Well guess what? I talked to a lawyer today who wouldnt even take my case. because he said if i dont have proof that she was made aware of the change, then that provision shouldnt have been added I cant believe this...even though she called me screaming that she wasnt going to sign the papers, I know that isnt proof. So, because of my lawyers negligance, i now have to pay for her lawyers fees and probably start paying for the car and mortgage again even though she is remarried.....

If the roles were reversed, I'd be willing to bet the farm that if you had signed the agreement and wanted it changed a year later for the same reasons, the lawyer would be talking out the other side of his mouth.

 

[fred22#]

what happened was on august 2010 we (my lawyer, myself, and her) met downtown at the courthouse and came up with evrything we agreed upon. my lawyer hand wrote it on a piece of paper stating it was our Rule 11 Agreement. we went before the judge that same day who signed off on it. After that my lawyer typed up the official decree with the provision..they sent the paperwork to my ex and when she saw the provision added, she wouldnt sign it.

the lawyer I spoke to today said that my lawyer at the time should have either had her either initial the change before she signed it or file something with the court showing the change. I did not know this at the time. i assumed that if she read the papers and signed them, she was acknowledging that she did in fact know what was in the paperwork.

 

[Zigner]

So, you DID try to pull a fast one.

 

[fred22#]

not at all. she was made aware of the change. if she did not want to sign it we could have went to court. she chose to sign it.

 

[Zigner]

not at all. she was made aware of the change. if she did not want to sign it we could have went to court. she chose to sign it.

It is NOT what the judge approved in the hearing. I would say she's got a decent shot at it being overturned. Talk to your attorney.

 

[TinkerBelleLuvr]

Was the agreement as part of a property settlement, or do you claim alimony for what you pay?

 

[fred22#]

no alimony, just part of the property settlement. and yes, i have called my old attorney and told him the situation...he said he is going to look in my records to see if they have any kind of proof that she knew....will I be liable because he did not do his job right?

 

[TinkerBelleLuvr]

Then a PROPERTY SETTLEMENT does NOT end upon remarriage. ALIMONY ends upon remarriage.

 

[LdiJ]

no alimony, just part of the property settlement. and yes, i have called my old attorney and told him the situation...he said he is going to look in my records to see if they have any kind of proof that she knew....will I be liable because he did not do his job right?

The property settlement absolutely should NEVER be dependent upon remarriage. A property settlement is a division of assets that should be in force no matter what. Even if YOU did not intentionally try to pull a fast one your attorney certainly did.