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Once a marriage dissolution agreement is signed by the

parties, but not a judge...
Once a marriage dissolution agreement is signed by the parties, but not a judge, is there a 3-day right to change your mind, as with other kinds of contracts?
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Answered in 7 minutes by:
10/21/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,979
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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No but if the judge has not signed it you are able to write the judge and withdraw your consent.Advise he judge here upon further review and consideration you are asking to withdraw and seek to have the court divide the assets.If this has not been signed you can do this.If it has been signed you would need to file a motion for new trial here to reopen the settlement.It depends here if the court has signed off or not.Easier if they have not done so.You need to act quickly.There is no cooling off period with a divorce settlement but you may still reopen.

I appreciate the chance to help you today.Thanks

Thanks for rating 5 stars.

Reference to repoening

http://www.divorcesource.com/research/dl/postdecree/97aug145.shtml

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Rule 33: New Trial.

(a) Motion for a New Trial. On its own initiative or on motion of a defendant, the court may grant a new trial as required by law. If trial was by the court without a jury, the court on motion of a defendant for new trial may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.

(b) Time for Motion; Amendments. A motion for a new trial shall be in writing or, if made orally in open court, be reduced to writing, within thirty days of the date the order of sentence is entered. The court shall liberally grant motions to amend the motion for new trial until the day of the hearing on the motion for a new trial.

(c) Procedures.

(1) Testimony. The court may allow testimony in open court on issues raised in the motion for a new trial.

(2) Affidavits.

(A) Affidavits in Support of Motion. Affidavits in support of a motion for a new trial may be filed with the motion or an amended motion. The court shall consider any such affidavits as evidence.

(B) Opposing Affidavits. The state shall have ten days after the filing of affidavits within which to file opposing affidavits. This period may be extended for not more than an additional twenty days by the court for good cause or by the parties’ written stipulation. The court shall also consider opposing affidavits as evidence.

(C) Reply Affidavits. The court may permit reply affidavits.

(3) Findings and Conclusions. In ruling on the motion for a new trial, the court–on motion by either party–shall make and state in the record findings of fact and conclusions of law to explain its ruling on any issue not determined by the jury.

(d) New Trial Where Verdict Is Against the Weight of the Evidence. The trial court may grant a new trial following a verdict of guilty if it disagrees with the jury about the weight of the evidence. Upon request of either party, the new trial shall be conducted by a different judge.

(e) Motion in Arrest of Judgment Not Waived. A motion for a new trial is not a waiver of the right to make a motion in arrest of judgment.

Advisory Commission Comment.

It is important to note that a motion for a new trial must be filed within thirty days of the date the order of sentence is entered, without regard to when judgment is entered upon the verdict. This time period applies whether or not any other motion or petition is filed.

Some attorneys seek to "reserve the right to amend" a motion for a new trial, and subsequently file such amendments without a court order permitting it. Clearly the philosophy of the rule is to permit timely amendments, and for that reason the rule does not close that time frame until the motion is heard. However, the fact that the trial judge "shall allow amendments liberally" does not mean that the judge shall allow all such amendments, and counsel must not make a regular practice of filing only a skeletal motion with the intention of bringing all of their substantive grounds in an amendment carried to the hearing. The trial judge retains the power to deny amendments, and strong consideration should be given to whether the new ground being raised was promptly brought to the court's attention.

Affidavits provide a method for resolving factual issues, if the trial judge is satisfied that they adequately serve the purpose. The judge is not required to believe an incredible affidavit and may always require an evidentiary hearing with witnesses.

Under subdivision (e), neither the filing nor the denial of a motion for a new trial waives the right to make a motion in arrest of judgment, so long as it is filed within thirty days of verdict.

Rule 33(d) changes the holdings in State v. Johnson, 692 S.W.2d 412 (Tenn. 1985), and State v. Adkins, 786 S.W.2d 642 (Tenn. 1990), which had abolished the thirteenth juror rule in criminal cases. One should distinguish a new trial granted because the verdict is against the weight of the evidence from a granted motion for judgment of acquittal under Tenn. R. Crim. P. 29(b) for insufficiency of evidence to convict. In the latter situation, retrying the defendant would result in double jeopardy, while in the former situation it would not. See Tibbs v. Florida, 457 U.S. 31 (1982).

The second sentence of Rule 33(d) requires that upon request a different judge preside at retrial if the original judge granted a new trial as thirteenth juror.

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The parties have thirty days following entry of the court’s order or ruling on the case to appeal. Normally this is done by filing a “Notice of Appeal.” Sometimes, a motion to allow the judge to correct an error will be filed. This “Motion to Alter or Amend” is seldom used but sometimes it can correct an error and save an appeal.

If either party chooses to appeal the trial court’s ruling the party is asking the Court of Appeals to find that the trial judge made a mistake of law. The time necessary for an appeal usually lasts between six and eighteen months. There is no time limit for the Court of Appeals to render its decision. If there is disagreement with the appellate court’s decision, either party may ask the Supreme Court of Tennessee to review that decision. The Supreme Court of Tennessee is not required to hear any particular case. The time frame required for Supreme Court review could take an additional twelve to eighteen months.

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Customer reply replied 1 month ago
Thanks Ray, you've given me a lot to read. I spent the day, from 8:30 am until 3:30 pm without food or water while lawyer went back and forth with negotiations. However, there was an accounting report that I had not seen and my lawyer kept telling me the account I was concerned with was considered in the business valuation. As soon as I got home, that night, I wrote to my attorney and told him not to have the judge sign the MDA until this issue was cleared up. The next day, I found out, my lawyer did not even have a copy of the report. So, a judge has not signed this MDA, and I've asked my lawyer to hold off until this issue is cleared up. I know there's a clause in the MDA about discovering material information that may have been obscured. I don't have a copy of the MDA, so not sure of language. Thank you.

Then you should be fine here to have lawyer withdraw it.A l ot easier if judge has not signed off here.I wish you the best.

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Thanks again for rating 5 stars at top of page.Prayers to you this works out for you.

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