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After a divorce becomes final -- whether through settlement agreement or after a court decision -- either spouse may still have an opportunity to challenge certain decisions made by the court. One or both spouses can seek to appeal or modify their divorce decree.
The case must be filed in the District Court in the county where the residency requirement is met. The simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them.
If you and your spouse agreed on a settlement during your original divorce proceedings, appealing the decision can be next to impossible. Your next option is to have your divorce agreements modified. With the help of a family law attorney, you can file a motion to modify the divorce decree in light of new evidence.
Things You Cannot Change in a Divorce Settlement Agreement In particular, California courts will not reconsider the original property or debt division. However, the parties can agree between themselves to change the terms of the property or debt division by stipulation and order to modify an earlier judgment.
Changes Before A Settlement Is Finalized Since nothing has been agreed to, there is nothing to reverse or stop. Once the paperwork has been signed, there is a limited amount of time to rescind the settlement agreement before the judge finalizes it.
A judge can order your wages garnished if you fail to make payments required by the divorce order. Money will be taken from your pay check to put towards your past due payments before you receive it. There are legal limits on how much money can be garnished.
If you were not the spouse that filed for divorce, you generally cannot stop the process unless you convince the filing spouse to order a retraction. The only right you have once your spouse has filed the paperwork is to contest its terms.
Actually, legally no one can stop their spouse from filing a divorce case because if a person really intends to divorce his/her spouse, it will most possible be granted to them.And then issuing parting can file for a contested divorce case.
Divorce records are private records Most court records are public. This means that anyone can view and copy the documents filed with the court. However, starting April 1, 2012, divorce records are not public.