Can the Judge grant a divorce if the Final Divorce Decree is not signed? My atty needs to correct the

Asked about 3 years ago - Rockwall, TX

Divorce Decree and both sides have not agreed to the terms. My atty says the Judge can grant the divorce and then the terms will be settled later. I don't want that because the other side won't agree to anything or provide necessary documents. Can my atty insist the terms of the Divorce Decree are agreed upon before the divorce is granted?.

Attorney answers (2)

  1. Thomas James Daley


    Contributor Level 18

    Answered . Your attorney is correct. If the other side is not cooperating, set this matter for trial and let the judge decide what the final terms are.

  2. Maria Alicia Lackey

    Contributor Level 14

    Answered . Did you go to mediation? Are you in the process of converting a mediation agreement to a Final Decree? Your attorney cannot insist that the terms of Divorce are agreed if they are not, but your attorney can either attempt to enforce the mediation agreement or if there is no mediation agreement, then set the case for trial so that the Judge can decide the final terms of the Divorce.

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