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Can a settlement agreement be changed before its filed in court for the divorce decree?

Fayetteville, GA |

Can I still obtain an attorney if the judge would allow me time to get an attorney before the divorce hearing?

My wife's attorney has since issued me a settlement agreement for the terms of the divorce decree. If I do not agree with everything in the settlement agreement pertaining to visitation of my daughter, can some things be changed?

Attorney Answers 3

Posted

Yes, a settlement agreement can be changed before it is filed with the court so long as both parties agree to the change.

Yes, you can obtain an attorney before the divorce hearing, as long as you are able to find an attorney willing to join the case between now and the hearing.

If your wife's attorney presents you with documents that do not accurately reflect what you agreed to, you can object to the changes. If you want to change parts of the agreement, you can only so if it is agreed to. If the other sides does not agree with your proposed changes, they can file a motion asking the judge to enforce the original agreement.

You really need to at least meet with, if not hire, an attorney to receive clear advice as to what your options are. It isn't possible to adequately advise you without having a better understanding of where things stand in your divorce.

Good luck.

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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Posted

If you already signed the settlement agreement, then expect your wife's attorney to file a motion to enforce the agreement...or, if proper grounds exist to do so, you could file a motion to set aside the agreement. Agreements can be set aside if a party, for example, is induced to enter into the agreement through fraud, coercion, duress, mistake or misrepresentations of law. If you have been presented with a proposal for settlement - a draft of an agreement for your consideration, you do not have to accept the terms and can submit, should you wish to try and resolve the case outside the courtroom, a counteroffer - your own proposal. HOWEVER, you would be wise to speak to an experienced family law attorney and to bring a copy of the settlement agreement with which you have been presented and/or signed, as the case may be, and to share with the attorney the circumstances under which the agreement was entered and what your wish list is for a resolution of the case. Best of luck to you.

This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.

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Posted

If you chose to proceed without counsel (bad idea always) and signed an agreement without counsel (always also bad) likely you're stuck. Still, see an attorney to be sure. The time to hire counsel is always at the beginning.

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