Legal Question in Family Law in Massachusetts

: amending a final divorce decree

Not a whole lot, but there may be some options depending on the circumstances. If you want to discuss this, call me.

Re: amending a final divorce decree

If you are within the 90-day nisi period, you can file an objection to the agreement becoming finalized. Those portions of the agreement to which you object will not be enforced until the Court can determine whether they were the product of fraud, mistake, or coercion. Be aware, however, that the Court will give strict scrutiny to the process. As your question implicates the attorney, the Court may ask to hear from the attorney. If your claim suggests that the attorney acted improperly, the attorney has the right to defend him or herself, and may disclose confidences to the extent necessary in his or her defense.

Now, for the practical response.

Most pre-trial conferences involve attorneys giving some of the toughest advice they have to give. Good attorneys spend their entire attorney-client relationship preparing clients for the reality of divorce. Even these attorneys face resistance over some things that they are reasonably CERTAIN will be expected of their clients from the Court, based on the facts known to the attorneys. The pre-trial conference is the place where we have our best chance to explain the costs of going forward and resisting, against the likelihood of success.

This puts some pressure on clients. It is the pressure I call, "The Business Decision." Will you pay me $5,000 more to get the SAME RESULT that is being proposed? Or will you accept my best advice? I always point out that I do not mind making money -- but that I dislike taking it for no good reason. If I can't get a far better result at trial, I should not send you scrambling to relatives and friends for an additional $5,000.00 retainer.

If this is the pressure your attorney, opposing counsel, and any court mediator applied, you should reconsider contest your own decision to agree.

Before you do this, though, you should pay an attorney to go over the facts with you, review the agreement, and determine whether the RESULT WOULD PROBABLY BE DIFFERENT AFTER PAYING THE COST OF TRIAL.

Re: amending a final divorce decree

You have between 90 and 120 days from the date of the agreement before the Judgment becomes final. You can contact your own attorney and request that he file a Motion to Vacate the Agreement. If he will not, you can obtain new counsel.