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Roger, Attorney
Category: Family Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a divorce decree be reversed or rescinded? I was in a

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Can a divorce decree be reversed or rescinded? I was in a very emotional state and agreed to pay my exhusband $10,000 for 4 years, we were only married 4 1/2....he gave me $80,000 as a gift because he moved into my home and everything was mine and he said he felt uncomfortable because everything was mine. I had a prenup, but put his name on the title to my house. He agreed to $40,000 being repaid, although he is the one who left me for irreconciable differences.....I am his 3rd wife and he has never collected anything from them. I feel I was too emotional at the time, as the divorce occured within 8 months of his leaving and I should have fought this....I paid 40,000 on vacations for us and bought him a new wardrobe, etc. Any recourse?

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney.

A divorce decree cannot be reversed or rescinded unless you file an appeal to the state appellate court within 30 days of the decision being handed down, and even then, the decree will only be changed IF the court finds some ground upon which the decision can be reversed.

In this instance, the only way you could possibly get out of paying the money at this point is if you can prove to the court that you have had a change in circumstances and that you cannot afford to pay what you promised. You would have to show the court a change in your financial circumstances that warrants a modification of your requirement to pay. Anything short of this will not change your obligation.

The only way you can get out of this is if the court enters a new court order relieving you of the obligations in the current divorce decree.

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