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    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #1

    Apr 17, 2007, 12:43 PM
    Signing the divorce decree
    The Judge in my divorce ordered me to sign the divorce decree prepared by the apposing attorney. She said that I was to sign it or go to jail, so I signed it. While I have no real problem signing my name “seen and objected to”, which I did, it was for a document that I never agreed to and it had stuff that wasn’t even brought up in court. It has many things that I never wanted in it, things that were neither, ordered by the courts, nor in past orders/agreements – things that were never discussed by my ex. Additionally it left out several important things (important to me but not so important to him). Most of which can be “fixed” in a juvenile court but I have to wait 1 year after the entry date before I can address them there.

    The order states that we stipulated to a $ amount for the child support—the amount doesn’t even cover daycare for the month. There is no notice to visitation – he can just show up and take the kids when he wants (not that I think he will). It states the children have no health insurance- but they do and I pay all of the premiums, that not included in the support either. The list just goes on and on, but it also has factual errors like the date we were married is wrong, my address is somewhere I never lived, one of the children’s names is spelled incorrect.

    My question is what can I do? My attorney states that there are no real grounds for an appeal because nothing is legally wrong; nothing in the order violates the laws in VA. Is it really OK for a Judge to sign off on an “agreed upon” divorce if one of the parties objects?

    The Decree was “kicked back” for errors twice, both times I was compelled to sign it again, and I did “Seen and Objected to” it goes back for “final entry” on the 27th.

    Anyone have any ideas?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 17, 2007, 01:12 PM
    What is your attorney doing ? Have you objected to it, have you prepared divorce papers and submitted them instead of the ones offered by the other side ? Has your attorney filed motions showing the incorrect informaton in them??

    Is your attorney a divorce attorney?
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #3

    Apr 17, 2007, 02:27 PM
    The sad part is yes he is a divorce attorney. I have contacted a different attorney, but I don't think that will help at this late date. I'm so lost right now.

    I just got papers today stating that he -my ex- is asking for relief because I already filed my taxes claiming both children and on Fed to the judge ordered that my ex could claim one for future years. Yes I know that goes against what the IRS says (I’m the custodial parent) the worse part is he hasn’t seen our children since 2005. The judge didn't want to hear it, so I objected.

    Any advice? I already got a new attorney, but I haven’t really talked about it with him in person. Is there something that you think I should do or ask for? Is there anything that I can do?
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #4

    Apr 18, 2007, 08:21 PM
    Sue your old attorney.

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