Zetter Posted February 2, 2006 Share Posted February 2, 2006 I'm wondering if anyone has undergone an "uncontested" divorce? We then had a hearing with the courts to review the financial information. I could not make the hearing, and was told in an email by my stbxw that even though she and I had agreed to financial arrangements, the courts may not deem them as "fair." If that is the case, a judge may decide to award me with all of our credit card debt since my wife has no 401K. Does anyone know if or how often a judge can override an agreed upon arrangement in an uncontested divorce? I'm certain I need professional legal advice, but wanted to see if anyone in the real world has faced this. Thanks. Link to post Share on other sites
933KJL Posted February 2, 2006 Share Posted February 2, 2006 Typically is both parties agree, a judge will not override it unless there is some mitigating factor. Typically somethign to do with children--rarely money. But he CAN. It is rare but he can. Link to post Share on other sites
debs Posted February 2, 2006 Share Posted February 2, 2006 Unless your wife submits a petition for the financial part to be reviewed after it was agreed upon I rather doubt anything other than what was agreed upon will become of it! My exH and I did ours and I had a sneaky suspicion he was going to pull some thing like that but alas he couldn't because the paperwork was signed and filed with the clerk! He would have had to contest the divorce in another petition or at the time of the final decree. I hope this helps allay your fears. 1 Link to post Share on other sites
Mz. Pixie Posted February 2, 2006 Share Posted February 2, 2006 This is a woman who cheated on you, why would you trust her to be the one to go to court?? She's up to something. Link to post Share on other sites
Author Zetter Posted February 2, 2006 Author Share Posted February 2, 2006 I didn't trust her...I unfortunately am overseas. I'm done trusting her with anything, but I had not option of going to the petition hearing. We got an extension so i can go next time at least. I think I need a lawyer. Link to post Share on other sites
TUDOR Posted February 2, 2006 Share Posted February 2, 2006 The court will usually not interfer with an uncontested divorce, they actually prefer to see them verses having a couple battle it out in court because that costs more money to the tax payers. If you the two of you have worked out the financies, assets and debt then you should be fine. The paper work will outline all of it so just read it very carefully. My ex and I did a non contested divorce and I just made sure the divorce decree was consistant with what I was expecting. But when in doubt have an attorney look over the papers before signing. Link to post Share on other sites
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