Can one party try to contest a divorce after signed paper work? 20 Answers as of June 26, 2013

Both parties have agreed to terms concerning property and divorce and both signed paper work. Can one party now after signing try to contest it ?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Yes, assuming a joinder was signed and this is not a CR 2A Agreement. The party can file a response to the petition.
Answer Applies to: Washington
Replied: 8/24/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If the Final Decree of Divorce has not been rendered by the Court, yes.
Answer Applies to: Alabama
Replied: 8/19/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
They may seek to rescind the agreement before it is entered as an order and, for good cause, a court may allow that to occur. If the party was represented by counsel, such a rescission is less likely.
Answer Applies to: Minnesota
Replied: 8/18/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends, has the Judge signed the Final Order? If so, has it been at least 30 days. If you answer yes to both, you are out of luck with some very rare exceptions. If you answer no to both, you can contest, but before you do, what papers were signed? An Agreed Final Decree? An Agreement Incident to Divorce? What is it you want to challenge and why?
Answer Applies to: Texas
Replied: 6/26/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
A person can always attempt to contest an agreement; however, it will depend on the circumstances whether or not the judge will set it aside. A person would have to prove undue duress, fraud, coercement, etc. And they would need to attempt to do this shortly after signing the agreement. You should consult with an attorney should the other party try to contest the agreement.
Answer Applies to: Florida
Replied: 8/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It isn't clear what you are considering "contesting". You can't contest the divorce either before or after any paperwork is signed; it only requires one party to want a divorce and there is no defense against that. You can potentially "contest" the terms concerning property or other financial issues up to the time the Court approves a written agreement making it part of the final orders. Your chances for successfully "contesting" the terms will depend on the timing of your challenge, the reasons for it, and the specific issues you are contesting, and any other relevant facts indicating whether you should not be legally bound by the agreement.
    Answer Applies to: Colorado
    Replied: 8/31/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Whether it can now be contested is going to depend on exactly what papers have been signed. For example, there is in Washington a court rule called CR2A. If the parties have signed an agreement that meets all of the requirements of this court rule, then, the agreement is fixed and both parties are stuck with it. On the other hand, if all that has been signed is a joint petition for dissolution of marriage, then, either party could back out of that by filing a withdrawal of joinder and then handling the case as a contested dissolution.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    The divorce is not final until the judge signs the decree. Until that time either party can contest.
    Answer Applies to: Nebraska
    Replied: 8/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It is difficult to say without knowing more. If the case has not been finalized yet, if there were some mistakes or misunderstanding, if new information appeared, there may be cause.
    Answer Applies to: Connecticut
    Replied: 8/16/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    I assume within the paperwork that was signed was a settlement agreement in some form (usually a Marital Settlement Agreement). Yes, it can be contested, but it is very difficult. To set aside a settlement agreement one has to prove fraud, duress or unconscionability. It is a very difficult standard. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/16/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Yes, it can be contested if it has not already gone to a final hearing. It just means the one party has changed their mind and they have to negotiate a new agreement or move the case to the judge for pretrial and trial hearing.
    Answer Applies to: Wisconsin
    Replied: 8/31/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Usually there is language in an agreement that indicates that the parties waive their rights to trial. Additionally, unless the agreement was induced by fraud a court will not generally overturn the agreement.
    Answer Applies to: California
    Replied: 8/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Either party can contest the agreement until it is signed by the judge. IF one party wishes to change their mind they may attempt to do so. You need of course to confer with an experienced family law firm to help you decide your next step.
    Answer Applies to: California
    Replied: 8/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If a judge hasn't signed, the one who now wants to fight needs to file a withdrawal of his/her consent to the agreement.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The answer is most likely a signed agreement cannot be contested, but like most things in the law, there are exceptions. You need to consult with an experienced family law attorney regarding the specifics of your situation (for example, do you want to contest the Agreement because of fraud?). .
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes until a court accepts an agreement, either side can back out Sent from my Windows Phone
    Answer Applies to: Wisconsin
    Replied: 8/16/2011
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