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Author Topic: Decree Question  (Read 1502 times)

dcurtain

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Decree Question
« on: Dec 29, 2003, 02:09:50 PM »
We're on the verge of completion for the divorce.  All custody issues have been resolved. I have the wording in the decree as I want it (that we'll rotate the kids every 7 days if we cannot continue to agree on a schedule). If you'll remember, we agreed on and were awarded joint legal / joint physical of our 2 children.

I've a question regarding a section titled "Retention of Jurisdiction".  The 3rd paragraph reads:

" If, after April 13, 2004 and upon petition by either party brought then, the Court determines the terms of this Judgment of Divorce did not accomplish equity, the Court shall consider whether and how to modify the provisions of this Order as equity dictates. "


Is this a normal entry for a decree? My attorney and I both agree this revisit of assets was NOT proposed nor agreed upon during the settlement conferences.  My wifes attorney - who has the task of drawing up the final decree - insists the Judge retained the right to modify all terms of the Judgement. She goes on to state our request wanting this paragraph stricken makes no sense (in her letter of response).

It seems to me they want to be able to come back in April and say "I didn't get enough - gimme more! "

Thoughts?

Thanks in advance!


ksswthrt74

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RE: Decree Question
« Reply #1 on: Dec 29, 2003, 04:10:01 PM »
I would post this Question to Soc.  

Glad you 2 were able to work out shared parenting.  

MixedBag

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RE: Decree Question
« Reply #2 on: Jan 01, 2004, 03:13:15 PM »
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