What can been done about an unfair ruling in a divorce?
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What can been done about an unfair ruling in a divorce?
I signed the papers to speed up the divorce process, later realized bills were purposely not included. I recently went back to court tried to bring them up and judge said he didn’t want to discuss it if it wasn’t in the divorce papers? Isn’t that what a judge is for?
Asked on September 19, 2011 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Well the Judge could have explained it to you in a much nicer way but he can not give you legal advice from the bench. Wat he should have said was that the agreement that you signed is a legally binding contract and by signing it you basically agreed to the terms. And the terms as written are what he has to go by. He can not listen to oral testimony that contradicts the terms., It is called the parol evidence rule. But what you can do is make a motion to set aside the agreement based upon some legal ground, like fraud or misrepresentation or mistake. But I would consider speaking with an attorney in order for you to do that. Good luck.
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