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Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience:  I am a licensed Attorney.
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My wife and I are modifying our divorce decree by mutual agreement.

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My wife and I are modifying our divorce decree by mutual agreement. I have not been represented throughout. The divorce was final just over a year ago. It has been amicable. The language below is in the “non represented party form.”

Can I remove the “However, I have waived that right?”

Is choosing not to be represented the same as waiving the right?

Is this form limited to this one action?

I don’t suspect anything will ever come of it, but I don’t necessarily want to give up my right.

Here is what the form says:

That I have the right to employ counsel of my own choosing and I understand that it may be in my best interest to do so. However, I have waived that right.

That having been advised of the foregoing, I, the Defendant, have requested that the said Attorney for the Plaintiff, prepare a Joint Petition for Modification of Decree of Divorce which the cause may be submitted without notice and such other pleadings and agreements as may be appropriate.
Hello and thank you for choosing JustAnswer!

First, if your ex-spouse is represented by an Attorney then you should retain your own attorney to look over the modification unless you are in complete voluntary agreement with the modification.

You will not be able to remove the waiver language and still be able to represent yourself. The language, "However, I have waived that right," means that you are choosing to represent yourself after considering whether or not to employ/retain your own attorney. It simply means you are choosing voluntarily to represent yourself and it is effective for this modification only (you are not waiving your right to representation in future matters).

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

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