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How Can I Contest a Modification of Our Divorce Agreement?
I Want To Contest The Divorce Agreement? What Do I Do?
Some divorces do not end well. Some end pretty badly. There are times when the divorce agreement is drafted to only serve one party’s best interest, not both people. That can be challenging, particularly if you feel the modifications are not fair.
Below are a few steps and tips you will need to take to set everything right.
1) You will need to hire a good lawyer if you have not so already. You should hire someone who will best serve your interests. He or she will ask for documents regarding everything.
I know that sounds tedious and hard, but you will need to get everything in order so your lawyer can look over the papers. That is particularly true when there is an aspect of the divorce agreement you find challenging and unfair.
You need to keep copies of everything. Your lawyer will only help you with what you give him or her.
2) The next step you take is to file a petition (with the courts) to your ex-partner. He or she has to have a copy for their records too. The courts cannot simply notify the person you are challenging them.
You probably will get an angry phone call or text message from your ex, but it has to be done.
3) Your ex will have 30 days to respond to your papers. What happens when your ex does not respond within 30 days? The judge will then step in and declare everything “in your favor”(default).
When that happens, everything moves to the settlement stages. The process may become more involved, at this point, if your ex steps in and does not agree to the petition you filed. That does happen. You need to prepare for the worst and hope for the best.
4) There will be a final court date regarding the divorce. The judge is going to “encourage” both of you to come to some kind of agreement. One of you might have to give a little to get the process moving forward.
Make sure that the modifications you want to contest are coming from a genuine place.
Some people contest a modification out of spite. Make sure that is not your reason for doing this.
5) The fact that you are “contesting” something might bring about a trial. You better be prepared for that. Some people like to play hardball when it comes to a divorce.
The judge might call a witness in favor of one or both parties. That is why talking to your lawyer about everything is so important in the early stages. The judge will hear both sides and render a decision based on that.
This can become a long and drawn-out process. That is why the modifications you want need to be for the right reasons.