Recent Feedback
Can a divorce settlement be contested, after stipulation and decree have been signed, if you feel your attorney has not represented you?
Optional Information: State/Country relating to question: Iowa
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.Could you clarify?Have you signed the stipulation?Has the final decree beed signed by the Court?
Stipulation and decree have been signed. I paid alimoney because she refused to work. I paid all bills and mortgage thru 10 year marriage. I walked away with nothing. My attorney said if I fought she would get alimoney until I retired.
Thank you for the information: Stipulation and decree have been signed. I paid alimoney because she refused to work. I paid all bills and mortgage thru 10 year marriage. I walked away with nothing. My attorney said if I fought she would get alimoney until I retired. Your Question:
Response: Unfortunately and regrettably, you cannot contest the divorce settlement under this circumstance. Once the stipulation has been approved by the Court and final decree signed by the Court, you can only contest the settlement if there is evidence showing that your spouse perpetrated fraud on the Court by lying about her assets. That is, she hid assets that would have been subject to property division. You cannot contest the settlement it simply because your attorney did not zealously advocate for you. The time to object was before the stipulation was approved by the Court.
I am truly sorry that I do not have better news for you. I understand that it can be quite frustrating to learn that there is no legal remedy for your issue. However, as a licensed Attorney and an Officer of the Court, I am legally obligated to provide you with accurate, legally sound, and ethical information eventhough that information may not be what you want to hear.
Let me know if you need further clarification.
I wish you the very best,