Can I Modify The Divorce Decree Based On Ignorance?

Noblesville Indiana Divorce LawyerQuestion:

Can I modify the divorce decree if I signed the papers without fully realizing the ramifications of some of the court orders?

I went through my divorce pro se, and at the time I didn’t realize how screwed I was when I signed the divorce decree that apparently doesn’t allow me to claim any dependents. This has resulted in me owing thousands of dollars on my taxes.

Can I have the decree re-negotiated?

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 Indiana divorce laws where I am licensed to practice.

Since it does not appear that your decree was based on fraud, the decree cannot be entirely thrown out and re-negotiated. Most courts hold that a competent individual should be held to the agreement he entered into and you should be given the benefit of your bargain, even if it seems now unfair. If the circumstances were not unforeseeable, the decree will likely be upheld.

However, if there has been a substantial change in circumstances, you may  be able to modify certain portions of your decree. If certain subjects, such as the tax exemptions, were never mentioned in your decree, you may be able to argue that your decree is ambiguous and clarification is necessary on the subjects not directly addressed in your decree.

The court will consider many things such as whether the decree is ambiguous to an ordinary and reasonable individual using common definitions and how long it has been since the decree was entered by the court.

Divorce Questions To Ask:

Pro Se Divorce

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

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

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