Can the judge change the terms of an agreed upon final divorce decree and if he does can I stop the proceedings and get an attorney?
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Can the judge change the terms of an agreed upon final divorce decree and if he does can I stop the proceedings and get an attorney?
My wife and I have filed our divorce petition; we have one child. If we agree on all aspects of the divorce and both sign the final divorce decree can the judge change anything when we go to court? If he does try and change anything (ie. visitation, division of assets, etc.) do I have the option of halting the divorce and asking him if I can get legal representation,or is it too late once we are in court?
Asked on April 12, 2012 under Family Law, Texas
Answers:
Madan Ahluwalia / Ahluwalia Law P. C.
Answered 12 years ago | Contributor
In order to get final decree of divorce, you will need to submit a marital settlement agreement separately or at least include certain terms in the judgment related forms. If your agreement does not cover each and every item required under the law, then the judge can ask you to include those. You will have to then know what is missing and find a way to include those terms.
Before you get to final agreement and judgment, you also have to exchange disclosures with each other. Disclosure documents include income and expense as well as assets and liabilities related forms and corresponding documents (paystubs, statements, etc). Such disclosure is done twice- originally, soon after divorce is filed and 2nd time, right before the final judgment (at sometime in between). 2nd exchange can be waived though by agreement of the parties.
However, judge can not otherwise change the terms. Your agreement is your agreement. If parties agree, it is fine with the court.
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