Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. Is there a signed agreement dividing the marital property and debt?
Hi. Do you have a written agreement? Has it been submitted to the court?
Has she notified the court of her intent not to abide by the agreement?
i don t know
she can do that after everything has been signed and turned in to the court?
To the extent the court has the agreement and the paperwork, they will grant it the way it appears before them, if it conforms to the legal requirements necessary to obtain a divorce. If she decides that she does not want to abide by it, she will likely need to ask for a hearing in which to explain to the court that she no longer wants to be bound by the agreement. The court may or may not allow her to renege on the agreement, depending on the circumstances.
and after everything is fianlized can she keep wanting to change the agreement when she wants?
After the divorce is decreed and a judgment issues, she will need to go back to court to ask to change the judgment. However, changing judgments and agreements is not something the court takes lightly. She will require extraordinary facts in order to move forward. Such facts may need to include that she has information now that was withheld from her at the time she signed the agreement.
ok thank you very much.
No problem. Please let me know if you have any other questions. Otherwise, please remember to hit "ACCEPT" so I may receive credit for my efforts. Happy Holidays!