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final decree amendments?

  • Thread starter Thread starter miles2go
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M

miles2go

Guest
My husband is in Georgia with me. His first marriage and divorce was in Florida.
Can there be changes made in the divorce papers? Can it be amended? Can one hire a lawyer to have it reviewed, and possibly changed?
Any response would be very appreciated.
toni
 


LegalBeagle

Senior Member
miles2go said:
My husband is in Georgia with me. His first marriage and divorce was in Florida.
Can there be changes made in the divorce papers? Can it be amended? Can one hire a lawyer to have it reviewed, and possibly changed?
Any response would be very appreciated.
toni

When was the divorce signed and why do you want it changed?
 

I AM ALWAYS LIABLE

Senior Member
miles2go said:
My husband is in Georgia with me. His first marriage and divorce was in Florida.
Can there be changes made in the divorce papers? Can it be amended? Can one hire a lawyer to have it reviewed, and possibly changed?
Any response would be very appreciated.
toni

My response:

Generally, a Marital Settlement Agreement (MSA) is not subject to amendment or other changes unless there was fraud involved from the beginning, or a severe change in circumstances has rendered the Agreement impossible to perform.

Once the parties and the judge have signed the MSA, and the MSA has been reduced to a judgment, for all intents and purposes, it's all over. The court, however, always retains jurisdiction over the agreement until such time as all terms and conditions of the MSA have been completed. Depending on the type of term, this could take anywhere from days to years before completion of all terms have been satisfied, and then the court loses jurisdiction.

IAAL
 
M

miles2go

Guest
My husband's divorce was three yrs ago.

In regards to the house payment he still pays.
There are no children.
He agreed to pay for 5 yrs.
He didn't think to put a provision in the divorce papers stating that if she were to marry, or if a boyfriend lives there and pays the payment. They had a verbal agreement stating that when she had a boyfriend there, she would pay.
My husband has (1) check that he never cashed from a couple of years ago when she had someone living there, she reimbursed him for the house payment. In the commments on the check it states that it is for the house payment.

During their 3 yr divorce, he lived there on again, off again for about 2 yrs, he put his pay check in her checking account, she paid house payment.
She is now taking him back to court stating She made all the house payments, and she has cancelled checks to prove it. Her word against his, and likely the judge will make him pay the 2 yrs he already paid, since he didn't bother to keep records. Which obviously in hine site he would have....
Is there anyway that we can open this back up? She has never been with out a man living in her house.
Also, if she indeed did make the 2 yrs of house payments that she is claiming, being a waitress and only showing that she makes 3,000.00-4,000.00 on her taxes??? How could she possibly make the payment??
 

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