Legal Question in Family Law in Indiana
Changing a divorce decree
I agreed, under emotional duress and without legal cousel to a divorce settlement. I do not dispute the debt but I am unable to pay the monthly payment I agreed to pay. I asked to renegotiate and she refused. I did not want to stay married to her and I feel she is punishing me because of that fact. She filed for contempt and that is pending. Can I file a motion to have the original decree modified?
Thank you in advance for your help!
1 Answer from Attorneys
Re: Changing a divorce decree
A judge may be sympathetic to your situation. But I would not advise going in w/out counsel. It will be a decision very fact oriented. When you signed the agreement, the Court will view that as pretty solid evidence that you knew what you were doing. Such documents are not easily dismissed by the Court. I don't know enough facts to know whether or not the Court is likely to review the matter and set the agreement aside. Based on what you've posted here, you've got an uphill battle, in my humble opinion.
Get yourself some local counsel !!
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