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I filed for divorce, my husband never sent in an response and

we have temporary orders....
I filed for divorce, my husband never sent in an response and we have temporary orders. We have since come to an agreement, but I am now thinking it is unfair to me, we go to court in 2 weeks for uncontested final divorce. Can the judge overrule our agreement to a number they see fit, I know if I go back to my husband he won't want to come up with a new agreement. I am wondering because with the information supplied the judge came up with their own numbers for child support and spousal support and the agreed upon number is XXXXX lot less.
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6/25/2013
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience: 9+ years of experience in divorce, custody battles and mediation.
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Good evening: Here's the problem: If you no longer agree to the agreement, then your divorce is no longer uncontested. You would need to then proceed with the divorce as a contested divorce, and ask the Judge to make a ruling that is fair and equitable to both parties.

 

At an uncontested final divorce hearing, the Judge will not make any modifications because the premise is that you both agree to it. Even if you are agreeing to a lower amount, the Judge presumes that you are okay with this because you've agreed to an uncontested divorce.

 

The only time a Judge might overrule your agreement is if you have both agreed to something that is "contrary to public policy", like perhaps NO child support, or an agreement that neither one of you will ever get remarried, etc.

originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience: 9+ years of experience in divorce, custody battles and mediation.
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