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Divorces can be complicated enough when considering the combination of jointly owned assets, children, and emotions. Once a divorce decree is entered into record by the court, there is generally no turning back. But can one of you stop the actual entry of the divorce decree? While there can be delays determining a settlement and the arrangements for what you both want after the divorce, there is really no stopping a divorce from coming to completion if one of you wants it.
If for example your spouse began the divorce and then changes their mind part way through, they of course have the option to stop the proceedings. Then it’s up to you whether to continue or not.
The divorce decree states all the terms decided previously and is the finalization of the marriage termination, completed in a final court ruling where everything is summarized, and the rights and duties of each spouse are laid out regarding things like property division, child support and custody. Any settlements are also submitted or spoken into record at this time. Once the judge or court signs your decree, this is a legally binding order that officially ends your divorce and both you and your ex will receive a copy.
Before the court finalizes the decree is the best time to make sure it is composed of the best decisions for both you and your spouse. For most items, modifications cannot be made, but there are some exceptions. Asset division usually cannot be changed unless the changes are requested within a reasonable amount of time or if there are extreme circumstances. Other things such as child and spousal support can be changed using the proper paperwork. These types of changes may require both of you to appear in court.
This type of contract is legally binding and cannot be modified or violated without punishment. If your ex violates one of the requirements, you have the right to bring the problem to the judge. If your ex continues to violate the same requirement, the judge may decide to make a modification, such as when a child is involved, to ensure the best interests of the child.
Consult a Family Lawyer
The divorce process can be long and complicated, especially if you and your spouse have a lot of disagreements. Be sure to have an experienced divorce attorney in Collin County, TX on your team so you can have peace of mind that your case is being handled in the best way possible for your future.
Thanks to Scroggins Law Group for their insight into family law and divorce decrees.