Contesting final divorce decree

upvotersfortruth · 2024-11-01T10:14:29+00:00

She filed already? Hard to imagine it going very far unless there was some sort of modifiable spousal support angle to it. Good to show she considered it, but at this stage - most likely wouldn't matter. Was she unrepresented at the time?

rsmiley77 · 2024-11-01T03:00:59+00:00

I’m sure this can vary by state but in PA you only can contest within 30 days.

The only question I have was is there something in the final decree that guaranteed her you’d pay health insurance for a set amount of time longer than it’s been? ¯_(ツ)_/¯

jimsmythee · 2024-10-31T22:45:52+00:00

My exwife and I had to go to trial. She did horribly at trial and lost big time. She was denied alimony, when she was requested 50% of my take home pay saying she was “too sick to work.”

Anyway, she told me that if I didn’t give her $5000 right then and there, she would file an appeal. I said “I won’t stop you. File the appeal.” She never did,

FUMoney · 2024-10-31T22:03:32+00:00

If this was signed off by a judge 3.5 years ago -- i.e., a final order docketed with the court -- it is highly, highly likely she is going to lose. And lose quickly.

techrmd3 · 2024-10-31T18:07:10+00:00

it's fairly common in contested cases which the parties for whatever reason do not agree.

In my area there are several hoops or "diversions" prior to seeking a final court hearing for the Judge to determine merits of competing claims.

So 1 - be aware (as your lawyer should be) of local court procedures prior to final hearing (likely you will need to go through adjudication or arbitration maybe both depending, before even being able to schedule a final hearing)

2 - be aware that your divorce is now on the slow train, 1-2 years to go through adjudication/arbitration then 1-2 years to schedule a hearing with judge

3 - If you believe that you are better served by giving the more money she asks for vs 3 years of current monetary arrangement see if you can encourage her to agree to a final decree by sweetening the offer

4 - Temper your offer or any sweetening that the Final hearing will most likely go very badly for the person seeking big concessions like more money. Judges do not want to encourage people to think going to a final judge will be rewarding. Judges will often explicitly ask why the parties could not agree before seeing him. If it comes out well wife wants 10k per month your honor. I have seen judgements go like "well you get 0k per month for being stubborn". And appeals never get those judgements overturned.

so in my area... many lawyers just tell clients to be jerks until "just before" the final hearing THEN they are all kinds of "reasonable" knowing that the Judge will smack them in the final decree.

pk2at · 2024-10-31T17:43:24+00:00

In most states, one year is the reasonable limit to challenge a decree. Even within the year you need proper grounds to contest. Beyond the one year mark, there is heavy burden on whoever is contesting. This is true for both legal separation and divorce.

Mangrove43 · 2024-10-31T16:54:11+00:00

Follow the agreement and let her waste money on attorneys to take to back to court

redraven1160 · 2024-10-31T15:40:44+00:00

Do not deal directly with her. Have a lawyer handle this.

OctinoxateAndZinc · 2024-10-31T15:38:33+00:00

Is it signed and filed?

Shes' like SOL.

iF shes working she can get her own there or though the open market place.

CulturedGentleman921 · 2024-10-31T15:32:37+00:00

Lawyer up!

Title	Contesting final divorce decree
Author	siroco14
Upvotes	13
Comments	19
Date	October 31, 2024 3:30 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1gghb3f/contesting_final_divorce_decree/
Archive Link	https://theredarchive.com/r/Divorce_Men/contesting-final-divorce-decree.1534034 https://theredarchive.com/post/1534034

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