When do divorce papers go into effect?  Is it after I agree and sign
them?  Because my attorney made a gross miscalculation on the amount
of money my ex is suppose to get from my pension plan.  Is he
responsible for making the corrections? In other words after my
divorce at the court house my attorney sent me a copy of the papers. 
That's when I noticed he miscalculated. I hope I'm not bound by his
mistake.

Dear phildewy-ga;

Thank you for allowing me an opportunity to answer your interesting
question.

It is difficult to know exactly when “your” specific divorce was
finalized because several factors come into play with each individual
case that can affect the time frame. The location of the filing
(country, state, county, etc.), whether or not the divorce was
contested, whether your state offers “no fault” divorce proceedings,
how complex the original complaint was, and so on.

Generally speaking, most states finalize non-contested divorces within
30 days of the service or receipt of notice from the plaintiff. In
some instances this time period can be longer, again depending upon
the factors mentioned above. To find out if your particular case is
over, you can call the court clerk in the county in which your case
was first filed and inquire as to the status of the case. If the
divorce is final (and the clerk can tell you if it is) then a decree
of the court will have been issued, at which time you will be expected
to uphold the provisions of the decree. If you wish to alter the
decree, you may have to return to the court of jurisdiction with a
motion to change the original decree.

On the final decree (which you should have been presented with in
person or via mail) there should be a signatory that says something to
the affect of "WITNESS MY HAND THIS DAY..."(and a date) signed by a
Judge, accompanied by a notary or court seal. This would most likley
indicate that the divorce was final on the date referenced here.
Again, if you don't have this or wish to confirm this, you must call
the court clerk for confirmation.

Unfortunately, if an error exists on the original decree and you
signed it acknowledging your approval, the court of jurisdiction my
hold you accountable for it’s provisions. If you believe you have a
case against your attorney on the grounds of ineffective counsel, you
may be able to get satisfaction by filing a complaint with the
American Bar Association alledging negligence and/or incompetence or
by seeking relief from the court though a civil action against him (in
which case you would either need to secure second attorney who is
willing to represent you in a case against a fellow practitioner, or
bone up on the law so you can represent yourself - I don't recommend
the latter, by the way). If you’d like to get some confidential
advice, call an out-of-town attorney who does not work in the same
circles as your attorney and who offers a free "initial consultation"
and ask him about your problem. This way you will get some free,
confidential advice that won’t be reported back to your existing
attorney over a friendly cup of coffee at the courthouse tomorrow
morning.

In any case, it is your legal right to petition the court at any time
to change the provisions of your divorce decree, regardless of
circumstances. That is to say that even if your divorce is final in
immediate terms, that in no way precludes you, your ex-wife, or the
court from filing a motion to change any/all of the provisions
outlined in the decree as the situation warrants – but doesn’t
guarantee that any of you will actually get what you ask for.

I hope you find that that my research exceeds your expectations. If
you have any questions about my research please post a clarification
request prior to rating the answer. I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga



INFORMATION SOURCES


AMERICAN BAR ASSOCIATION
http://www.abanet.org/home.html


DIVORCE SOURCE: STATE DIVORCE LAWS
http://www.divorcesource.com/info/divorcelaws/states.shtml


DIVORCE LAWS BY STATE
http://www.divorcecentral.com/states/laws/


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com



SEARCH TERMS USED:


State divorce laws


American bar association

Dear phildewy,

There are two separate issues at play: When a divorce judgment becomes
effective, and when a settlement agreement becomes binding. A divorce
judgment does not become effective until it is entered by the court.
(The "entry" of a judgment essentially means that it is logged as a
judgment by the Clerk of the Court, after being signed by the judge.)

However, many judges will regard a settlement agreement (even in the
form of a proposed consent judgment) signed by the parties as binding,
as it relates to the distribution of property. Thus, depending upon
the laws of your state, you may have bound yourself to the language of
the document you signed at the point in time when you applied your
signature to that document. It may nonetheless be possible to convince
the court that there is a clerical error in the judgment that should
be corrected before entry. Your rights and remedies will depend upon
the specific laws of the state where the divorce is pending.