I filed for contested divorce originally, then changed to uncontested divorce, can i change back contested again?

Asked over 4 years ago - Rockville, MD

I filed for contested divorce originally, then changed to uncontested divorce, which we both signed off on the separation of property agreement, but now due to a date listed on the separation of property paperwork we have a dispute. Can I go back and change my paperwork to say "contested" and fill out a new request for division of property?

Attorney answers (2)

  1. Elizabeth Pugliese

    Contributor Level 8

    Answered . The above answer has nothing to do with whether or not you can change back. If the whole issue is based on a date, you need to determine how important that date is to the final decision. If you are fighting over one piece of property, you have to decide if that is important enough to put the whole agreement in jeopardy. Yes, you have to live with the final judgment, so make very sure.

    Also, you already signed off on the property agreement. You would have to show there i a very good reason why you changed your mind. The date dispute should have been discovered before you signed. You will have to explain to the court why it was not discovered.

    A lawyer licensed in Maryland would need to discuss this with you.

  2. Stuart H Grozbean

    Pro

    Contributor Level 12

    Answered . You always have a right to file an amended complaint for divorce. Just as a contested case can become uncontested; an uncontested case can become contested. Many times the parties thought the issues were resolved and someone changes their mind as to a material issue. This results in a change in the status of the pleading.

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