Can my husband change his mind after signing uncontested papers?

Divorce 4 views 2 answers
My husband and I signed papers for an uncontested divorce a couple of weeks ago. We signed an agreement dividing up our property, and filed everything with the court. He signed an "acnkowledgment of service and waiver of summons" too (along with other papers). Now he's hired a lawyer and wants to make changes giving him more of the property. The divorce is supposed to be final in a couple of weeks. Can he do this?

Attorney Answers

2
Rebecca Mclaws ·
Yes. Unfortuantely, your husband can file a Motion to Void the agreement you reached. However, the fact that your husband can move to void the agreement does not mean that a Court will void it. Your husband will have to make certain legal showings about the agreement before a Court will void it. If you have not already done so, you should file the agreement with the Court and ask for a hearing date. Your husband will then have to file an Answer and take certain steps at that point. You should seriously consider hiring an attorney now that the case is contested.
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Glen Ashman ·
Yes, and your lawyer should have told you that. (If you made the mistake of filing without counsel, get a lawyer now. Since he's represented that is even more vital than otherwise). Note that just because he wants to change a filed agreement doesn't mean the court will change it, but the court can, and, since pro se agreements tend to be sloppy and not well-done, the odds of it happening are worse than with a lawyer-drafted document.
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