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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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After divorce papers have been signed,can you file ammended

Customer Question

After divorce papers have been signed,can you file for an ammended settlement
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

That depends on the situation. Please tell me:

1) Are the parties in agreement to amend, or not?

2) WHAT are you seeking to amend?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
selling of home & property plus spousel support
Expert:  Ely replied 1 year ago.

Thank you.

If the parties are in agreement to amend this, then this is easy to do and yes, it is possible. One can file a pleading to amend the decree based on the parties' consent.

However if the parties are not in agreement, then this is generally much harder:

1) The sale of the home is only possible to stop based on an appeal to an interlocutory court or a motion for new trial, often within a very short amount of time such as 30 days.

2) Alimony (spousal support) is possible to amend, but one would have to show that there has been a difference in circumstances and one of the parties has gotten remarried, has been ill and not been able to work, has inherited money, etc.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.