Rescinding A Divorce Settlement Agreement Before Judge Signs It

divorce lawyer Katie PetersenQuestion:

My wife and I have already signed an amicable divorce decree and all that remains is the judge’s signature.

However, I am going to lose my insurance through her plan and recently discovered I need major surgery.

Can I rescind the agreement at this last minute since once this agreement is signed I am going to lose the insurance I desperately need for this surgery?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice.

Under general contract law, you would not be able to unilaterally rescind your acceptance of the agreed upon settlement.

You could, however, mutually agree with your wife to alter the terms of the agreement before the judge incorporates the agreement into a final order. However, if your wife is unwilling to modify the terms, she will likely be able to drop you from her insurance without any legal ramifications.

I would suggest that you contact your wife’s divorce attorney as soon as possible to suggest a modification in the terms of your agreement before the judge incorporates it into a final order and hope that your wife is agreeable.

You could suggest that you would be willing to pay for the cost of the insurance premiums, so long as you continued to be covered by her insurance. That way she wouldn’t be bearing additional monthly cost.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta Divorce Lawyer Katherine Petersen, please contact Cordell & Cordell.

End of Content Icon

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>