Judgement Question


#1

My ex and I have almost completed a DIY divorce, we have a court date in a few days. I have done all the paperwork, filing, paid the fees, etc, on my own. He asked last week to see the Judgement I had prepared, and I obliged. He then let me know he’d had an attorney look it over (neither of us had hired an attorney up to this point, and according to him, this was a friend doing him a favor and not someone he hired), and he is requesting several changes that I do not feel are necessary. I added two statements to the Judgement that was provided online, and he is of the opinion that both should be removed:

He is requesting I delete a statement that says we have a signed/notarized Separation Agreement and will abide by it. He is afraid that the judge will want to look it over and change it. I have no qualms at all about a judge looking at it, but I didn’t think that would happen. Is it likely that the judge would want to review/change it?

He also says that I legally cannot put a statement about my name changing in the Judgement, since I didn’t include it in the Complaint. I asked the Clerk of Court when I filed if I should put it in the Judgement, and was advised that I should at that point. Could this be something that would make the judge refuse to sign? If I take it out, what are the steps I would take to change my name, and could it be done the same day?

My ex says that if I don’t make the changes he has requested, he will bring legal representation to the hearing. Since this was a no contest, DIY divorce, would that have any bearing on what happened during court?


#2

The judge will not make suggested changes you your Agreement in that contect. I would recommend that you do remove the language from the judgment as it could be interpreted as a request to have your agreement incorporated into the judgement. If the agreement were to be incorporated certain provisions could be changed later on upon application of either you or your husband.

With respect to the name change he is correct. You may however file an amended Complaint prior to the hearing and seek that you name be changed as part of the action. I recommend that you do so, as the name change process outside of divorce is more complicated and certainly cannot be done that same day.

A party can chose to engage representation at any point.


#3

If I file an Amended Complaint, will this push back the court date? We are due for the hearing this Friday, and I don’t want to do anything to jeopardize that date!

Is there a certain form I need to fill out, or do I just amend my previous complaint and take it to the Clerk of Court?

Thank you!


#4

You simply need to amend the Complaint and file it. The court may allow the hearing to proceed if the other side does not object.