Legal Question in Family Law in Hawaii
unilaterally stopping a divorce
Is it possible and legal to unilaterally stop a divorce if after a settlement is reached and papers are filed with the courts, one party changes their mind on the terms of the settlement? --frustrated
1 Answer from Attorneys
Re: unilaterally stopping a divorce
No. Your option is to file an immediate petition with the Court withdrawing your agreement or indicating to the Court that you were unduly influenced in agreeing to the terms and those are not really equitable. If the Court has already approved the agreement, then you must get a motion to correct error on file within 30 days in order to challenge your agreement. Practice note: most judges having approved an agreement will not allow a party to back out without a very good reason.