Final Divorce Papers

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Final Divorce Papers

My friend just went to court on Monday, today is Thursday, can she change her mind about the agreement? She signed the final papers but wants to change her mind.  Please let me know as soon as possible.

Asked on June 4, 2009 under Family Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This sounds like a real problem.  It's possible, but it's not likely to be easy, and if she's going to do this at all, she needs to see a lawyer as soon as possible.  One place to find an attorney in your area is our website, http://attorneypages.com

Your friend's lawyer is going to need quite a bit more information to decide if this is even worth trying, beginning with why your friend has changed her mind.  That, by itself, isn't going to be enough;  in most states (I'm not an Ohio attorney), there would have to be something about the agreement that really looked unfair to your friend.  If her ex-husband's lawyer wrote up the agreement, and she didn't have an attorney at the time, that might help her argument, as well, if some unfairness could be argued in the terms of the agreement.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the judge has not signed a final order of divorce and entered it then she needs to notify the court that she doesn't agree to the final settlement. If she has an attorney (hopefully), notify the attorney immediately so that the proper procedure can be taken. If she doesn't have an attorney, perhaps the court clerk will assist her. Courts have their own local rules regarding procedures that must be followed. Some courts have "Family Law Facilitators" that give free legal assistance or refer you to an attorney that can help you.

If the judge has entered a final order, then your friend would have to make a petition asking the court to modify (change) the final divorce settlement.


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