Legal Question in Family Law in Tennessee
final divorce decree
My friend went to court and both parties entered the divorce settlement on 11/9/06. The papers have been signed, but my friend's lawyer has yet to sent the papers to the court for the judge to sign. Can either party change their minds on the settlement? How long can the lawyer wait to send the papers to the judge?
2 Answers from Attorneys
Re: final divorce decree
Yes, parties can generally change their mind regarding the terms of a divorce up until the time the judge signs the order and it is entered. At that point any "change" can only be made by the Court. How long an attorney can wait to file paperwork depends on the case, so long as it is filed within six months of being signed. Often there are important reasons things are not filed immediately, such as scheduling conflicts, the desire of an attorney to get fully paid before completing things, and the fact that Tennessee law requires certain waiting periods before a divorce will be made final, and if things were signed before that period has passed there is no gain whatsoever in filing them before the period has run.
Re: final divorce decree
Is your question related to the fact that you want to change the settlement or that your opposing party wants to change the settlement. The advice I would give depends on whether you want to maintain or disturb the settlement announced in court and approved by the judge.
http://michaelguth.com/prose.htm