Legal Question in Family Law in North Carolina
Amendment to Divorce Decree
Can I request an amendment be done once the divorce is final? If not what is me legal recourse to change something in the divorce.
2 Answers from Attorneys
Re: Amendment to Divorce Decree
No, now is the time for you to seek the changes that you want before the divorce becomes final.
However, if the items that you want changed are included in a Property Settlement Agreement (PSA) which you've already signed, the other party will need to consent to any alterations of this agreement before such changes can be effected.
Re: Amendment to Divorce Decree
In North Carolina, once a Divorce Judgment is entered, it severs certain rights such as alimony and equitable distribution if you have not already filed a lawsuit for these claims.
There are some exceptions for foreign judgments so ALWAYS ask an attorney about your specific situation.
Bottom line is it is better to deal with all of this before the judgment is final. In some cases, you may be barred from changing it afterward.
If it is part of a Separation Agreement and Property Settlement, the contract itself can be attacked. I have gotten several SAPS declared invalid based on ambiguous terms, etc.