How do I omit the declaration of disclosure from my divorce decree?
Full Question:
At my divorce settlement, my attorney and I quickly scanned over the document, and we failed to see a clever paragraph that my ex-husband’s attorney slipped in. It is with regards to my submitting a declaration of discloser before I am able to receive monies owed to me. I feel I am being played, as twice now I have submitted what I feel is the information that is needed , and twice they’ve come up with some other ridiculous request to delay. If my ex-husband and I had agreed to omit the declaration of disclosure, must I still submit one.
01/31/2007 |
Category: Divorce » Property Set... |
State: ALL |
#991
Answer:
If the settlement agreement has been incorporated into the divorce decree,
you will have to request that the Judge modify the decree. If no decree has
been entered, you could try to have requirement deleted on the grounds
that you and your ex-husband did not intend for that provision to be in the
agreement.
Sometimes there is a mistake in putting the terms of an oral agreement into
writing. In such a situation, a party may ask a Court to reform or correct
the writing so that it states the actual agreement of the parties. In other
words, the written contract does not correctly state the agreement already
made by the parties.