Can my husband change the stipulated judgement and prevent the divorce from being final?

UPDATED: Jan 7, 2011

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Can my husband change the stipulated judgement and prevent the divorce from being final?

Our current divorce case status is Stipulated Judgement. Upon filing for divorce our 2 children (3 and 5) and I moved to OH since I could not afford to be single mom in CA. I have primary custody and my husband agreed to our relocation, however now he wants us to come back to CA. I simply cannot afford to live there, and I know that he can’t afford to pay for the child support either. Can he force us to move back to CA? Also, I did not file a police report but I was abused. I have the photos of my bruse and my friends can testify. Can this fact help me stay in OH?

Asked on January 7, 2011 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have an attorney?  If not then I think that you need to get one as soon as possible.  A Stipulated Judgement generally means that you have both agreed to the terms of your divorce and signed an agreement as to those terms that has been submitted to the court.  Was it a marital settlement agreement that was signed?  Did an attorney prepare it in the first place?  The agreement is technically a contract.  But a final settlement agreement still has to be prepared and signed from what I understand.  Can your husband change his mind?  Well, yes, he can but if the agreement has been finalized and an order issued he would have to request modification.  If it has not then you may have a problem here.  Get legal help.  It sounds like you may have some bargaining power regarding the financial matters with him. Good luck.

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