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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33910
Experience:  Began practicing law in 1992
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What are the implications of signing a "Waiver of

Customer Question

What are the implications of signing a "Waiver of Appearance" form. The one I've been given to sign says I agree to the terms of the petition (which I currently do) but also gives the court jurisdiction to divide assets and I give up my right to appeal. Is there a way I can stipulate in the waiver that I agree to the terms of the petition as long as they don't change but if they do I reserve the right to appeal?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Typically waiver of appearance form must be signed as it is presented. If you attempt to make changes then it won't be considered as a waiver of appearance, it will just be an Answer and thus you have to appear at the hearings, etc.

If you make changes, and the other side notices, basically what you are trying to do is have them obligated to keep you informed without you actually having to do anything, which won't work unless they specifically agree.

If you are worried about the other side changing the terms then you should either file an answer or hire a lawyer to file an answer and just keep an eye on what is going on. That way they can't get an order signed without your lawyer looking it over and either agreeing to it or setting it for a hearing.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 year ago.
My wife and I filed the divorce ourselves and its terms are uncontested by both of us. I'm just concerned that the judge may decide to change the terms of the agreement and then I won't be able to appeal. In your experience, do the courts change uncontested separation agreements which both parties signed and agreed to?
Expert:  Dwayne B. replied 1 year ago.

Only as it comes to child support but you would be able to appeal if the judge changed that.

Some parents try to get the child support set at $0 in the order but judges don't like for that to happen for a number of reasons and many, if not most, judges will refuse to set it at $0.

Other than that the judge doesn't care what the terms of the agreement are.