Decree Question

[dcurtain]

Dear Soc,

In Michigan. 2 children (11 & 6).
              

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. "

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! "

1) Is this a normal entry for a decree?
2) If it is required, can a time limit be enforced?
3) If it is not required, what is your advice on having it stricken?

Thoughts?

Thanks in advance!

[socrateaser]

>1) Is this a normal entry for a decree?

No, it's highly irregular. This is because there is usually some other means of setting aside a judgment on grounds of fraud. Here, your opponent is lowering the standard significantly.


>2) If it is required, can a time limit be enforced?

Irrelevant.

>3) If it is not required, what is your advice on having it stricken?

Just tell them to either get an order from the court or faggetaboutit.

[dcurtain]

Michigan is a 'no-fault' state.

1) Can I refuse to sign the decree if they refuse to remove this clause?
2) If I can / do refuse to sign it, can / will the judgement be entered anyway and the divorce granted?

Thank you very much, Soc for your help.

Hope your holidays were wonderful!

[socrateaser]

>Michigan is a 'no-fault' state.
>
>1) Can I refuse to sign the decree if they refuse to remove
>this clause?

You are still in settlement negotiations, so, unless the other party can prove that you agreed to this clause during the conference (and in many states, the evidence must be a writing signed by you), then you can refuse and there's nothing that can be done, except to proceed to trial on the issue.

>2) If I can / do refuse to sign it, can / will the judgement
>be entered anyway and the divorce granted?

From your facts, it appears that the attorneys are in disagreement, therefore, the only way to resolve the matter, if you cannot agree, is to try it in court.

[dcurtain]

thank you!