Divorce Modification With Partial Claim In Suffolk
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FAQ
Yes, you can amend a marital settlement, with both parties agreeing.
Yes, you can amend a marital settlement, with both parties agreeing.
You can always renegotiate at any point as long as the divorce agreement has not been finalized. If the papers have already been signed, your lawyer must present a strong argument to the judge explaining that you wish to make a change based on some tangible reason, but the request may be denied.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
Once all of the documents have been signed by the parties, the case is submitted to the court for a judge to sign the “Judgment of Divorce.” This process of having the courts review the paperwork and awaiting a judge's signature can take about 6 months in Suffolk County or Nassau County.
A divorce decree could be invalid if a judge's decisions were based on incorrect information or if the judge made errors affecting the outcome. If one party concealed assets or debts from the other, that could be grounds for appeal or modification.
Settlement agreements that were obtained through deceit, fraud, or unjust terms may be revoked by the courts. However, the settlement can be implemented in ance with a state's code if a formal agreement is written.
When a person is not following the divorce decree, a motion for contempt should be filed with the court that ordered your divorce. You would file the motion for contempt and have a copy served on your ex spouse. The judge will schedule a hearing and determine what is going on in this situation and may issue fines, etc.
If a divorce decree has been issued, you can only contest it in extraordinary circumstances. You can still try to contest the term of the divorce, but you would face an uphill battle since you already agreed to them.
It takes approximately two to four months from the time the divorce papers are submitted to the court to be reviewed and signed off on by the assigned judge.
