How to Correct a Final Divorce Decree

An appellate court will review your case and make a final decision.

A final divorce decree is a legal document outlining the terms of the divorce, including custody agreements and financial responsibilities. It is is granted by a court at the end of divorce proceedings. People sometimes wish to change the decree after it has been handed down by the judge, either because they're unhappy with the terms or because of simple errors within the document. Editing or amending the decree can be very difficult and take a long time, but it is possible, with or without the help of an attorney.

Instructions

1. Contact the trial court that handled your divorce to determine the rules for amending the final decree in your area, as they vary from state to state. Make sure that you are filing within the approved time frame. Oftentimes the appeals must be filed within two months of the final divorce agreement.

2. Determine which parts of the decree you're unhappy with. If you're intending to appeal a decision made by the court in terms of financial responsibility or custody, list specifically what you would like changed and why.

3. Notify your ex-spouse and the trial court that handled your divorce of your intentions to file an appeal and request the trial transcripts of your divorce trial from the court, paying any required fees.

4. Collect copies of the transcript, any documents filed during the divorce proceedings relevant to your appeal, your list of requested amendments and reasons for them and any evidence that supports your plea. These documents must be organized with numbered pages, an index and a table of contents. It must also be professionally bound.

5. File the requested number of copies with the appellate court, paying any required fees. Send one to the trial court, two to your ex-spouse and keep one for yourself. The appellate court will review your appeal and contact you with their decision when finalized.

Tips & Warnings

• While the help of an attorney or paralegal is not required, the process of appealing a final divorce decree can be complicated and long. A legal professional can ensure that the paperwork is completed and filed correctly.

• Many states only allow appeals to final divorce decrees, if it can be shown that the judge abused their legal power or made a legal error.

References

• USLegal.com: Final Divorce Decree Law & Legal Definition, 2001 - 2011.
• Equality in Marriage Institute: Appealing or Modifying Your Final Divorce Decree