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Can I amend a divorce decree after it has been finalized?

El Paso, TX |

My ex-husband was threatening me during our divorce. I was afraid of him and signed a non-contested divorce. We incurred over $30000 of credit card debt during our marriage and now I am left to pay that by myself. Can he be obligated to pay any of this debt?

Attorney Answers 2


Your question requires a multi-faceted answer. If the decree was signed more than 30 days ago, it's too late to appeal or ask for a revision. If the decree was the result of a mediated settlement agreement, you are stuck with it regardless of when the decree was signed.

If the decree was signed within the last 30 days, you might file a motion for new trial claiming duress in the case. This is a hard burden to establish. You'll need a lawyer to have any chance at being successful.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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It sounds like you chose not to hire a lawyer during the divorce. That choice may end up costing you $30K.

Unless the divorce was signed within the last 30 days, you are probably stuck, because the property division may not be able to be re-opened.

Do hire an attorney for a consultation, because there may be some avenues of appeal open to you.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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