Can my husband contest divorce papers that we signed last Wednesday and which were filed the same day?

The simple answer is "NO," but there are several exceptions to that simple answer. The point is, more information is needed in order to correctly answer the question. For instance, what are you calling "divorce papers." Is it a marital settlement agreement, is it his answer to your petition, is it his counter-petition, or a motion to set aside the agreement. After you get that established, then - is he just telling you or did he actually file something with the court. How is he contesting them, is he contesting the entire package of "divorce papers" or just certain parts of it.

You say he agreed with the terms, then whoever wrote the agreement, did they put additional terms which would prevent him from contesting once the document was filed.

So again I say "NO," if you filed a petition, he filed an answer with a counter-petition, then you filed an answer to his counter-petition, then you guys entered into a marital settlement agreement, then probably, "NO" (unless he can show fraud, misrepresentation, duress and the like and then have the agreement set aside).

The simple answer is "NO," but there are several exceptions to that simple answer. The point is, more information is needed in order to correctly answer the question. For instance, what are you calling "divorce papers." Is it a marital settlement agreement, is it his answer to your petition, is it his counter-petition, or a motion to set aside the agreement. After you get that established, then - is he just telling you or did he actually file something with the court. How is he contesting them, is he contesting the entire package of "divorce papers" or just certain parts of it.

You say he agreed with the terms, then whoever wrote the agreement, did they put additional terms which would prevent him from contesting once the document was filed.

So again I say "NO," if you filed a petition, he filed an answer with a counter-petition, then you filed an answer to his counter-petition, then you guys entered into a marital settlement agreement, then probably, "NO" (unless he can show fraud, misrepresentation, duress and the like and then have the agreement set aside).

I am confirming the previous answer, No. However, more information is needed. Especially what papers were filed. If the marital settlement agreement was signed and filed with the court, he will have to file a motion to set aside the marital settlement agreement and show a substantial change in circumstances, fraud or duress in signing the document. However, if you just filed a petition, then yes, he can contest the divorce.

Allison Belcher, Esq.
The Divorce Center
7546 Little Road, Ste 200B
New Port Richey, FL 34654