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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Backgroud State of Maryland. My wife and I are going through

Customer Question

Backgroud
State of Maryland. My wife and I are going through a divorce and we are coming up to the one year mark. I (stupid i know) never wanted the divorce and wanted to work on myself and us (wife and 2 children 6 and 8) as a family. None the less, i never got an attorney (she did) nor signed anything, nor showed up for one court date. It went into default and she got full custody and pretty much all of my pay. I can't even rent an apartment. My ex and I are very civil about the whole thing. I have had the kids 50% of the time and been paying her as needed money. She has never had a job the last 9 years so I have been the sole provider.Question
We have now come to terms together and want to move forward. Do I need to get an attorney or can her existing attorney ask for a renegotiation? We are both happy with what we have decided on we just need to make it legal and to our terms.Advice??
Submitted: 13 days ago.
Category: Family Law
Expert:  LegalGems replied 13 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 13 days ago.

I would urge you to hire an attorney to at least review the agreement to ensure it is fair. It is important to have any orders modified so that they are given the full force of the law. For example, if the parties leave any support orders as they are, the other party can then file a request for wage garnishment and request that they be enforced, including the arrears, and the court will not retroactively modify it, so that is a big concern.

Normally if the parties are in agreement the court will just rubberstamp the requested revision, making it the new court order.
Since custody and support are always a pending issue (ie subject to modification) it does not require one to vacate any judgment.

If one's personal attorney could at least review the proposal, then the other attorney can apply to the court for the modifications. That should not be a problem.

Some attorneys will do this; others will not.

For example, please see modification forms ehre:

http://www.mdcourts.gov/family/formsindex.html

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 13 days ago.
How about modification to alimony ?
Expert:  LegalGems replied 13 days ago.

Would you mind opening a new question with the request for forms for alimony?

Customer: replied 13 days ago.
Forms for Alimony modification in MD
Expert:  LegalGems replied 12 days ago.

I never received a new question so I wanted to make sure you got the form since I will be out of the office most of the day.

Please see here

I hope this helps; if so kindly rate positively!

thank you

Expert:  LegalGems replied 9 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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