Amending divorce decree once it is final

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Latest post 08-04-2007 3:49 PM by Ford. 7 replies.
  • 07-27-2007 11:04 PM

    Question [=?] Amending divorce decree once it is final

    When my husband and I separated, I was the one who was ordered to leave the home. I bounced from one place to another for 3 months before moving in with a roommate. I had no contact with husband (now ex) and/or children for 3 years. My husband filed for divorce and now it is final. I was never served papers b/c they couldn't locate me. My husband was granted everything! Including all my personal items, items I inherited, EVERYTHING!!!!!! I was granted the things that I took with me the day I left (2 suitcases). Can I request the decree be amended?
  • 07-29-2007 4:00 PM In reply to

    Feedback [*=*] Why in the world . . .

    didn't YOU keep informed about the pending divorce?

    Get to an attorney. You can't reopen and litigate a divorce on your own, in any competent fashion.
  • 07-29-2007 5:21 PM In reply to

    re: Amending divorce decree once it is final

    I doubt that you can get the divorce decree amended regarding your personal items. However, if you have as much interest in seeing your children as you do in having your material items returned, you can file for modification of custody/visitation to get a visitation schedule set up. Contact a family law attorney or legal aid to get a consultation.
  • 07-30-2007 5:47 AM In reply to

    Question [=?] re: Why in the world . . .

    You said in your response, "You can't reopen and litigate ...", so does this mean you can have your decree amended even though is has been finalized by a judge. Do you know if this holds true in the state of Ohio? Thank you...Lancaster
  • 07-30-2007 12:07 PM In reply to

    Disagree [)*(] re: Why in the world . . .

    What Ford said was that you can't do this ON YOUR OWN in any competent fashion.

    Neither Ford nor I are in OH. I don't know if you can do this, and I suspect neither does he. I think it's HIGHLY unlikely, though, since you just blew off the matter entirely (hence Ford's highly relevant "why in the world" question). However, you will need to discuss the issue with a local attorney.
  • 07-30-2007 4:28 PM In reply to

    Feedback [*=*] re: Why in the world . . .

    "You said in your response, "You can't reopen and litigate ...", so does this mean you can have your decree amended even though is has been finalized by a judge."

    You can ask a judge for ANYTHING. I've heard of motions to prohibit the wearing of certain ties. I've heard of motions to smack a witness with the transcript of his deposition.

    State law/court rules govern. If final orders were always subject to being reopened, there would never be final orders.

    A whole lot depends on what was filed in court. If you filed ANYTHING with your address on it, and then moved, you likely had to notice the court of the new address.
  • 07-31-2007 11:49 AM In reply to

    re: Why in the world . . .

    "I've heard of motions to smack a witness with the transcript of his deposition."

    Funny how this stuff makes the rounds. The transcript in which this happened is one of the funnier (and, frankly, more creative) things I've ever read.
  • 08-04-2007 3:49 PM In reply to

    Ok [+0+] I'm surprised it didn't work a change in the rule . . .

    Can't quote exactly, but . . .

    The transcript of a deposition may be used for any purpose, except . . .

    1. Physical violence against the person of the deponent.

    2. . . . .
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