Final Decree Final Order

Question: can the contains of a prelimenery decree be changed at the time of final judgement by the judge? the judge has given 25% of the disputed property to the 4 class 1 heirs . the architect has submitted the division of the property as per the court decree.. the final order is due soon.

Answer: Yes the judge can change it, that is why its a preliminary decree. The best thing is to talk to your attorney to see what type of change the judge is able to make.

Question: Divorce Decree morality clause. Wife tyring to have temporary orders survive final decree.? There is a clause in my Temporary Custody paperwork that was drawn up at the beginning of the divorce. This Clause states that "Neither party may allow someone with whom that parent has an intimate or dating relationship to remain in the home from the times of 10pm and 6am WHILE the child is also staying from said times, UNLESS that person is related or of marriage. In other words, I could not have a "girlfriend" stay the night with me WHILE my child was also staying the night with me unless related or I am married to that person...and this goes for my ex wife as well. Now, my ex wife is trying to put in the final decree that this temporary order survive the final decree. That means until the child is 18, I could NEVER live with someone else that I was not married to...and If I did, my child could not stay overnight in the same home. Can she do that? Can she restrict my time with my child and what I choose for my life even after the divorce? I realize that her attorney will put anything she requests into the paperwork, and If I don't agree than she will take it to court....problem is, I cannot afford an attorney and would have to represent myself. Would this request fly in court?

Answer: People can request all kinds of thing in a divorce settlement agreement, but you fight for your rights with your own lawyer..if certain things are not settled between parties, then the judge will rule on those certain issues..you really need a lawyer in divorce cases with custody and visitation issues..

Question: Can child support over rule the final divorce decree? Background: My husband divorced his ex years ago. In the the final divorce decree she put in he will have to pay 1200 a month which is what the child support office agreed upon. Since the final divorce decree is court order could she go back and ask for more money? If she can't ask for more support can she take him to court if child support decrease the support when each kid get older like 18?

Answer: The answer is generally yes, with the details depending on the state (which is usually the state where the divorce decree was signed, but could be where the child now lives). In Texas she'd file a motion to modify child support, he'd be required to produce paystubs and tax returns, and child support would be recalculated according to the guidelines. If they don't reach an agreement, it goes to court and the judge rules.

Question: if mutual consent divorce decree final, then which one wife or husband any appeal for remarraige for same part? if once divorce order final, wife or husband elligble for appeal or not. appeal period & after divorce when we married again

Answer: There has been a misconception amongst lot of people that no appeal lies against the order or decree of divorce by mutual consent which is wrong. It has been held by many High Courts in its judgement that the appeal against any order of divorce definitely lies in the High Court. The reason for why the appeal lies against order or decree of divorce by mutual consent is there exist condition which the court has to be satisfied before passing order or decree of divorce that divorce is sought on the ground of mutual consent and such consent has not been obtained by force, fraud or undue influence. The party who feels aggrieved for any of these reasons can go in for appeal against the order or decree of divorce by stating that his/her consent was not taken by his/her free will but was by force or fraud, which the trail court failed to check or confirm before passing such order of divorce. The six months period for reconciliation is too provided to check for free consent for the divorce & even if this six month statutory period is condoned in expectational cases the responsibility of the court on the basis of all relevant evidence on the record to see that consent for the divorce is given by free will by both parties & no force or fraud exist in the case. Any of the party to marriage can file appeal against such order or decree of divorce in the High Court but within ninety days of passing of such order/decree by the trail court. The best time for waiting & getting remarried is after ninety days the appeal period as mentioned above.

Question: What is the statue of limitation on enforcing parts of a final divorce decree? I filled for divorce on 3/98 it was final on 8/98. In the final decree there are orders for the following : get and deliver a Quitclaim deed on the property that we had, provide dental vision medical and prescription insurance, to provide a life insurance policy that our child was the sole beneficiary, to pay alimony for 40 weeks, pay off 3 bills that we had in the amount of $654.53, and 1/2 court costs in the amount of $375.00 none of which he has done. Do I have any legal standings to bring this back to court?

Answer: 11 years,No!

Question: Final decree Proceedings scope ? Our muslim family partition suit is pending in Final decree proceedings stage. A partition suit was decreed, My grandmother was 3rd plaintiff, she got 1/17th share in the suit. while filing the petition for Final Decree Proceedings, they have mistakenly brought on record's LR's who are not entitle for share in 3rd plaintiffs share along with other valid LR's, which we did not object at the time of filing. We want to stike out LR's who are not etitle for share in Final decree proceedings, Our advocate says it cannot be done in Final decree proceedings as it is not in scope of Final decree proceedings to delete LR's as it is only to divide the share as per Decree ,first we need to get final decree excuted and then we can file a seperate suit to say these LR's are not entitle for share, consulted with other advocates they say Final decree proceedings is nothing but continuation of orginal suit it is like Original suit ,hence these LR's can be removed in Final decree proceedings itself using Order 1 rule 10(2) CPC. Question:1) Can these Lr's be removed in Final decree proceedings itself or we have to file a seperate suit? 2) Scope of final decree proceedings based on muslim law. In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death

Answer: As per the Hindu law the Sons and the daughters of the deceased has got the share you can ask the court to move as per the muslim law you can file a writ in the court and ask them to have there arguments based on Muslim because you are a Muslim Hindu law will not be applicable to you so ask the judge to follow the Islam method of law. We are in secular nation.

Question: Judges "stated" order not in final documents.? The judge said in open court (no stenographer or tape) "last 2 weeks of July visitation" but the X's lawyer didn't put it in the final decree. Dad has lawyer, Mom doesn't. Can Mom just go get the kid(teen) or does she have no rights w/out lawyer? The dad has already been charged w/ "criminal" interfering w/a parenting plan & has to appear in Sept. But has convinced the kid that mom is a liar, ho, etc. She can't get through to the kid, he will not or cannot take or make calls to mom. What are her legal rights? (Cops & DA just say write down every attempt at visits & calls & wait til Sept) People say get lawyer=can't afford 1!) All she got was a copy of the order in the mail signed. It said that mediation was necessary but the X's lawyer said "No!" Now her X is having surgery for kidney stones (??) if the 2 weeks were in the order she should get her son on Tuesday, but she's afraid that if she goes to get him she'll be arrested. What should she do now? Please stop saying "get a lawyer" she is disabled & barely makes ends meet. Not 1 lawyer in the state will help w/out ca$h!

Answer: Since you can't afford a lawyer, write a letter to the judge with a copy of the criminal charge. It may be enough to piss off the judge that he gives you custody again. The dad must give you a minimum of 2 calls per week, every other weekend & certain holidays. Go to court & file an appeal yourself. It shouldn't cost much & since he's already in contempt of court, you should get your kid back in no time. Good luck & GOD bless!

Question: Texas Divorce-Uncontested-I'm confused about my final decree! Help? I ordered my forms off of one of those stupid websites. It's an uncontested Texas divorce. But on my final decree at the bottom where the judge, plaintiff and respondent sign....It says " It is ORDERED AND DECREED that all relief requested in this cause and not expressly granted is denied." The there is the lines for us to sign. What does that mean? I tried to contact the website, and I couldn't. We just want to hurry and get this over with so please answer! Thank You!!!!

Answer: It means you can't come back later and say, "Oh, I forgot about this bill or I forgot about such and such furnature." When you sign the papers that's it.

Question: Possibility of Judge changing Temporary Custody order in Divorce Decree? We are going through a divorce, reason for divorce is my wife had cheated on me and decided to leave. I found this out after she had moved out with our 2 sons, 16 months old and 3 year old. We have a temporary Custody Order where I have kids for 4 nights and she has for 3 nights. I want to come to an agreement and don’t want to fight her in court (its very stressful) if she agrees to this temporary arrangement as a final custody arrangement in Divorce Decree. But she wants me to give her 4 nights and I should have 3 nights and she will not come to a settlement if that demand of hers is not met. She is threatening me that she will fight in court to get full custody if I don’t agree to her demand of 4 nights. I told her we can have exact 50% she refused that too. What my question to you all is “Is it likely that Judge can change temporary custody order in Final Divorce Decree and make her the residential parent” Reason why I am asking is I want to know a realistic picture of my Situation from your all’s experience “ Is it worth to fighting?, I had been taking care of both of my kids since she had moved out on this schedule of 4 nights a week, I work full time 4 days a week and 1 day from home, she is unemployed (her attorney had advised her to quit her job) All she wants is to be a residential parent so that she can get Child Support from me. In this Temporary custody order I am asked to $1500 to her as support and made to pay mortgage of the marital home (I live there).

Answer: Wow that is a tough one. Most judges do change the temporary custody order in the divorce decree. However as to if it is worth fighting--that is the tough one. It is hard to go through the cost, the time, and the strain it puts on the children. No one can answer as to if it is worth it. As to her refusing 50-50--nothing happening. The only way she can do this is if she proves YOU are a bad father and should not have that much access. Any lawyer will tell her that and she would give it. As she was the one cheating (do you know if you live in a no-fault state such as california? if you do, ignore this), then she should be worried that in her at-fault she will be the one getting visiting rights and the kids may be assigned to you. Or definitely you getting the 4 nights, her the 3. However it is best that she be agreeable. It makes it so much easier if both parties can come to an agreement. However you offered 50-50. She said no. I think I'd wait til it goes in front of the court once--b/c her lawyer will just about definitely tell her not to waste his time. Mention if you are the residential parent, you will not ask for child support from her (if you can afford not to). That will be something you can use to negotiate when she starts with alamony. As to if its worth it, it all depends. How bad is the divorce going? How old are the kids? How much do you make? Will hiring lawyers for years cause a lot of financial hardship? It shouldn't take her long to realize though that as you have a job, she won't be able to pay a lawyer more than you can. However you should mention her lack of career as partly the reason why she should not be the residential parent. Were something to happen, she has no health insurance, no ability to pay for the children's needs, and in general an unemployed mother should be deemed "unfit". You don't want to go that far though, you would like to have joint custody. That makes you look good for the judge but mostly whereas you are employed, you are the only one who can actually afford the expense of a child.

Question: Filing Final Decree of divorce in Texas ? HI.. im filing by my own the final decree of divorce in texas (i cant afore a lawyer)... i have a couple of quentions: 1. II Record : (they aski you if the hearing was recorded or not).. should i fill out rigth now i dont want if to be recorded, or the judge does that? 2.Preganancy: should i fill it out rigth now im not pregnant?, ot the judge doest that, lol. sorry.. ijust dont want to make a miskae 3.Parenting plan exhibits: i just want to present 3 exhibits: conservatorship order, rigths and duties, possesion and acces... I dont want to fill out or present: -Child support order -medical suppor order -Family informacion Can i just not present them? or do i have to? Thanks for the help

Answer: http://diylegalinfo.com/Divorce_Links.html/ has all kinds of legal information on divorces and how to handle a divorce without a lawyer yourself.

Question: is a person in Ontario divorced even if they have not received a decree nisi? a divorce has been granted. However, a court order and final decree nisi has never been received by myself. Also, a marriage certificate was never filed as part of court materials.

Answer: Contact your lawyer. YOu can't get divorced in Canada without submitting a copy of the marriage certificate. I wouldn't count on the divorce being final until you have rec'd a copy of the decree.

Question: Divorce? When a temporary order is given for exclusive use of home & Decree is issued, isn't temp order resci When a temporary order is issued to a spouse stating they have exclusive use of the home, isn't that order rescinded when the final decree is issued? My spouse says he has exclusive use of the home, even thoough the decree has been issued because he intends to appeal the decree. I was told to leave the premises after I had entered the home by a policeman because my husband didn't want me there. I had permission from my lawyer to call a locksmith and enter the home to get my premarital and personal assets that are not in the decree. So, I ended up paying a locksmith and not getting the key. Instead the policeman handed the key to him and I got nothing! Is there any precedent or clarification anyone can give me on this? I talked to my lawyer and he says the decree is final until the appeal is filed and even then I still have the right to access the home because it is in my name too, and the temporary order is not in effect after the decree unless it states a continuence of order.

Answer: It is correct that a temporary order is voided by a divorce decree, even if the decree is contested. The letter from your attorney was issued from a judge, I assume. If it's just written by his/her office & no judge has signed it, it is worthless. In marriage, your premarital assetts & personal belongings become joint property unlessed specifically listed in the divorce papers as being awarded to you. (Dumb, I know: even your family portraits, heirlooms, clothes, bars of soap! Yes, joint property) Your decree says that you do have access to the house. Before getting a locksmith, take the letter from your attorney (if signed by a judge) go to the local police department first, have them escort you based on your legal rights to enter the house, then get the locksmith to meet you and the police there to obtain entry. Be sure you have your divorce decree with you when you contact the local police. A problem you could encounter if you are trying to remove your premarital possessions from the home is that if your former spouse is there & will not allow the items to be removed, you have no documentation stating that you can remove any property. You have access to the home, that is all. If the former spouse is not home, there is no one to contest what you are taking and no proof should need to be shown to any one. You have permission to enter the home, whether he is home or not, right? I would check out the scheduling of this visit to the house next time. I would just walk on in with the intentions of using my rights to "use of the home" and sit down to watch TV for a while. Every one will have done there job as far as the police, the locksmith, etc . . Use the home for a little while. You might notice a few of your items around while your house is legally in your use. Take them home unless the divorce decree addresses a list of items in the home as belonging to him. Then go home before he gets home. You do not need a confrontation with him. If you have final divorce papers signed by a judge (& your spouse) the temporary order from before is void. If you have notice of his intentions to file for appeal, then he is appealing a ruling that has already been granted in court. That makes his file for appeal a whole different case. There is no telling how long before that case goes to court. Meanwhile, your personal items could come up missing if you do not find some legal way to obtain them soon without his interference. The local police are not necessarily always aware of the details of divorce decrees. I would imagine that the time you obtained a locksmith before & went to the house, your former husband probably had his "order" right there handy and the local police are usually used to dealing with those, they are not so used to interpreting divorce decrees. Avoid your ex, obtain entrance with the police there on your side because you approached them ahead of time, then just thank them for being there so you could gain entry to the home. Don't wait too long. I personally had many of my belongings come up missing. Been there, done this!

Question: Is he trying to have final control or is he not wanting to let go? My husband and I are in the final part of the process for divorce. He has been very difficult during the process. I filed for divorce back in March. My husband left me in December and was the one that wanted out of the marriage. After several attempts for him to sign the papers, I finally was able to meet with him last week and finally received his signature on the Final Decree for Divorce. However, he did not give me the Waiver of Service, which is the paper that has to be notorized. He did tell me that he already signed the form and had it notorized and that he was going to send it to my attorney last Friday. I called my attorney and he still has not sent this form. It is very much needed in order to finalize the divorce. Why would he stall in sending it since he was the one that wanted out? What do you think his motives are? FYI....Throughout our entire marriage, he did have issues with being a control freak.

Answer: He is a control freak. I strongly suggest that you get your lawyer to handle this. If necessary, I wonder if your lawyer could get a court order to require him to produce the paper? Avoid contact with your soon-ex like the plague. Make your lawyer earn his money, and don't stress about the head-games that are being played. You'll be free soon.

Question: do i need attorney for a div. decree/child custody/support modification hearing if i dont agree with changes? received ltr from ex's attorney today. says hearing is set for monday, but nothing is signed by judge ? says "motion to modify final decree of divorce and child support order and request for temporary orders and hearing" i don't understand it and not sure if i need an attorney. will we see a judge that day ? and will i be able to request mediation ? what happens ? what are "temporary orders" ?

Answer: Temporary orders are orders that are not permanent. You are not required to have a lawyer. Whether you ought to have one depends on whether you care about what happens. If the letter says the hearing is set for Monday, that means the hearing will be on Monday. A hearing is the time in which both parties present the evidence they wish to present to persuade the court to do what they want. You can certainly request mediation, but that doesn't mean the court will order it.

Question: How can i protect my credit from my ex? I now have a final decree of divorce and my ex was supposed to put his car into his name...I am the primary signer. He is complaining that his credit is bad and at the same time dragging mine down. He failed to inform me that he couldnt make the payments and fell behind 90 days. I had to pay that balance. Is there a way to take him to court since it is now a court order int he final decree that he MUST put the car in his name. BTW: he was supposed to have 60 days from the time we signed the initial agreement to get the car refinanced out of my name.

Answer: You will have to take him back to court to force the decree to be enforced. Lenders do not care about divorce decrees. All they care about is their money and as long as your name is on the loan you are equally responsible for the payment no matter what the divorce decree says.

Question: Best ways to resolve a contempt of court order? A friend got divorced a few years ago in Iowa and didn't hire a lawyer. He agreed in the final decree to pay 50% of the wife's lawyer's fees among other things (i.e. Everything) Recently he was served a summons for contempt regarding the non-payment to his ex of his share of the legal fees. He then paid the outstanding balance at the courthouse and submitted a Motion for Continuance, which was granted. The new hearing date is set for 6 weeks. Now what should he do between now and the hearing date to resolve this?

Answer: Hi, If he has already paid the 50 percent he agreed to pay in full, the contempt charge will be dropped. He does have to appear. Just because he paid it, which is good, the Judge is the one who has to formally drop the contempt charge. JOSA

Question: when getting a divorce in washington? Hi I live in Washington State. I had a divorce approximately 3 years ago from my wife. I was under the impression that I was only paying $1600.00 per month for maintenance. After the divorce was final, I ordered the decree documents. In looking over the decree, it also shows a child support schedule. My wife at the time, prior to the final divorce told me that this schedule was needed by the paralegal, for him preparing the papers & court to determine if the maintenance amount was fair. In hindsight I should have had my own lawyer. We just hired a paralegal to process the papers to keep the cost of the divorce down. My question is How can I be sure I don’t have to pay back-payments for child support one day? It is hard to understand the final decree for me. What has to actually be signed and dated. Some sections are not filled in by the court , like with a date when the court would order the child support, but yet there is a schedule for it? . Is that my ticket for not having to pay because the date is not filled in on that section? Does someone know what I am talking about in regards to the decree for Washington State? I also recall reading a part the decree that said for people that pay child support must register with the Washington State Support Registry (WSSR). If so, can I look for myself to see if she is registered or is that private information? If she didn’t am I off the hook anyway? Its kind of scary to think that after 4 years of paying spousal maintenance that she could all of a sudden say I owe her for back child support on four kids. Another 90,000 Thanks for any help

Answer: Don't be a Jack ***! Your wife needs the child support to survive. So suck it up pay the amount, and hope your kids will talk to you after this is all over.

Question: Divorce Not Final but Boyfriend is Around Will it Hurt Divorce or Change Custody? Divorce is pending I have a friend that has been around my child. Me and soon to be ex have a seperation agreement in state of Virginia. Custody already been established and no contest seperation agreement. With a new friend around child could this cause problems with custody if already established and no statement in custody order stating that others can not be around child? Can spouse come back and ask for terms of divorce to be changed although currently agreement states non contested? Divorce papers served to spouse but he has not returned them. he does not have money to fight or hire an attorney he has not been working for over 6 months now - he's dragging his feet to sign papers - he had a girlfriend months ago and now she's not around so he's making it hard for me to be free I have not moved in with the friend. I'm living in the family house currently on the market that the ex spouse does not help pay any mortgage on. I'm doing everything on my own. Been seperated for a year and 5 months with no reconciliation. the agreement states that either can not come back and change the terms of the divorce but the agreement is a seperation agreement not the final divorce decree me and friend do not live together me and friend do not live together - serious relationship not a fling i'm careful about who is around my child and would not just allow anyone around her and compared to how me and soon to be ex relationship was around child this relationship is way more stable and more positive environment soon to be ex does not call or come see child until its time for him to pick her up for visitation - does not work and does not help to maintain house until it is sold friend has no issues I have already investigated - i dont let just anyone around my child soon to be ex does not have the means to obtain a lawyer he is not working and through the seperation agreement up til now has not been able to retain one he lives with his parents not working and does not even have his own vehicle he has in fact violated the order several times by not having our daughter back or refusing sometimes to bring her back because he doesnt have gas money just this last weekend i had to drive over an hour to have my daughter back home to attend school today the custody agreement was written in the seperation agreement but he did not comply so i have a seperate signed custody and support order signed by a judge and filed with the court

Answer: In short, yes, your ex-husband can contest custody during the divorce phase. You have already at this point a custody agreement in a separation settlement only. During your divorce preceding, if neither party chooses to contest custody, the agreement reached during settlement will be imposed. If, during the divorce phase, one party contests custody, a new agreement will have to be negotiated. Seeing as your ex-husband is already causing you pain, one can only assume he will try to contest the custody. Or he might be so broke, he might just allow the separation agreement to hold during the divorce phase. Either way, as long as your friend has a good reputation (i.e. - not a felon, drugged out, socio-economic problems) the court won't care how close you are to him, as long as he poses no threat to the stability or growth of the child. If your friend does have issues and your ex or his lawyers get wind of it, you could possibly have to enter a split custody with supervised visits. Child welfare during divorce is often checked at the courts discretion. It could be a one-on-one meeting with the child or a month long shadowing of the child done by court/state appointed welfare counselors. Please Note: This is all conjecture at this point and should not be treated as factual legal advice. A lot depends on the court system and judge/mediator and any lawyers present in the case. The best thing you could do is get info from either your lawyer who practices in W. Virginia or you can always go down to your local courthouse and see if the have any free published information on divorce and what to expect in W. Virginia. A lot of courts do this around the country.

Question: Uncontested do-it-yourself divorce in Kentucky? I am trying to help a friend do his own divorce in Kentucky. He purchased a divorce kit at Office Depot with all the papers. Him and his wife have been separated since early 2005 and have not lived together since that time. They have two children but neither has custody of children, the children are in the custody of their maternal grandmother in another state and he pays child support to the grandmother. There is no property, debts, or anything else of that nature included in this divorce. Neither of them own anything. My question(s) is since there is no property, debts, or children involved does he need to file a marital settlement agreement? Are there any documents that needs to be filed with the court besides the petition, appearance consent and waiver, and the final decree? What order do these need to be filed in? He is employed and she is unemployed. He can't afford an attorney. Any info is greatly appreciated. Thanks. I say no children because neither parent has any legal rights to the children. Her mother has full legal custody of the children and took them to Nebraska. The only time either parent gets to see them is when the grandmother whom has custody comes to Kentucky for a visit.

Answer: Im not sure why you don't think there are kids involved.....because there are kids involved. I would STRONGLY recommend using an attorney. There are just too many things that could go wrong with the kids if its not addressed properly.

Question: yu gi oh, lightning beatdown remake, suggestions? This is my updated deck from my previous post depending on factors from friends, tourny result (2nd in Jr. section against 8 others, best 2 out of 3), and feedback from this site. Suggestions welcome, rate 1-10 please. x23 monsters x3 Cyber Dragon x3 Indomitable Fighter Lei Lei x3 Spear Dragon x3 Hydrogeddon x2 Goblin Elite Attack Force x2 Majestic Mech - Ohka x2 Exiled Force x1 Goblin Attack Force x1 Snipe Hunter x1 Injection Fairy Lily x1 Spirit Reaper x1 Mask Of Darkness x8 Spells x2 Shield Crush x2 Lightning Vortex x1 Mystical Space Typhoon x1 Heavy Storm x1 Brain Control x1 Smashing Ground x10 Traps x3 Sakuretsu Armor x2 Skill Drain x1 Curse Of Royal x1 Acid Trap Hole x1 Torrential Tribute x1 Dust Tornado x1 Call Of The Hunted Getting soon: Mirror Force, Jinzo, Royal Decree, Final Attack Orders, Chainsaw Insect, Pot of Avarice.

Answer: while i hate the theme, this is the most solid beatdown i've seen in ages. i dont reccommend it when you get to larger scale tournaments, but if youre just staying local to whip your friends from school with sheer overpowerment, i say run this build. no real r/f's for a deck that's already built how it's supposed to be