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.
Yes, you can amend a marital settlement, with both parties agreeing.
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.
Enforcement of divorce decrees is a critical aspect of family law, ensuring that both parties adhere to the agreed-upon terms regarding property division, child support, alimony, and other obligations.
What is a Default Divorce in California? If due diligence fails and the spouse successfully avoids the attempts to serve the papers, the process moves into a default divorce process.
Michigan law provides that property terms in the judgment are final and cannot be modified absent fraud. To obtain a modification of your divorce decree in Michigan, you must demonstrate a substantial change in circumstances that affect one or more provisions of the divorce decree.
No. Your spouse is legally allowed to take half of everything you two have obtained while you were married. Now, the stuff you had before you married? That's a different story. That, technically, is supposed to be yours, however, marriage is complicated. Whose is whats is hard to determine.
You just have to do all of the forms, agree on division of assets, and both sign everything, then have it notarized, and file it all with the circuit court. You will get a court date and both have to appear, but as long as you agree on all the terms it should be a painless formality.
Most courts will give a fair and equitable split (most times, 50/50) on all assets acquired after marriage. That includes the 401(k) for either of you but it could also depend on what the distribution of assets is. If she keeps all the equity in the house, you may keep all the 401(k).