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Can I change my mind on marital agreement at the final divorce hearing?

Milwaukee, WI |

We filed for uncontested joint divorce without children, and the agreement we submitted indicated that we do not want to split our retirement assets. However, I changed my mind and want to split that now, would like to know if I can ask for that at the final hearing and whether it can be granted right there. The only other major asset is the house, which we agreed I would get but the mortgage is more than the assessed value. I want to fight for the retirement assets but do not want to drag the divorce out any longer.

Attorney Answers 3


  1. Best answer

    Absent an agreement, it may end up prolonged but, you only get one shot at this. The biggest assets most folks have i their home and pensions. You elected to take an asset with negative equity.

    Depending on the type of pension, it could have a very high marital value. If you can't get an agreement(make sure it's worded correctly) get an attorney. In fact, even if your husband agrees, have an attorney review the agreement to make sure it is worded properly.

    An attorney now may well be the best investment you may in your life.

    Best to you!


  2. The marital settlement agreement is not final until it is accepted by the court after a default hearing. Therefore, you can still change your mind. If your spouse agrees, you can change the terms at the default hearing. The changes should be done in writing. If your spouse does not agree, then the judge will most likely set the matter for trial on that issue.

    This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.


  3. I agree with the previous attorney. Please note that once the Judge accepts the agreement and orders the divorce, that is a FINAL order and it is next to impossible to change the terms of the agreement. Make certain that you are 100% okay with the agreement before it is finalized. Sometimes dragging out a divorce for a bit longer is worth it in the long run, you may be walking away from money that you are legally entitled to.

    Feel free to contact our law firm to discuss further.
    DAVISON LAW OFFICES. 414-272-1005.

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