From Legal Separation to Final Divorce

Asked about 1 year ago - Del Mar, CA

Is it possible to pursue a new Martial Settlement Agreement if my case is moving forward from a legal separation to a final divorce. At the time I was pursuing a legal separation with my ex, we agreed on an MSA. It has not been a year since our MSA yet. However, now that we have decided to pursue a final divorce, my financial situation will worsen (I'll lose my health insurance- additionally, since legally separating 18 months ago, I have not been able to find a job- I am a stay at home mom and was married for eleven years while my ex is a physician.) Will I be able to change some of the conditions of my MSA that we agreed upon less than a year ago? Thank you.

Attorney answers (4)

  1. Steven Curtis Gnau


    Contributor Level 11


    Lawyers agree

    Answered . San Diego Divorce Lawyer answers:
    Depending on the terms of your Marital Settlement Agreement, you may have several options. Moreover, the change in circumstances since the separate as well as the change from a separation to divorce should be fully reviewed by a family law attorney. I also agree with my colleague that your ex-spouse may ultimately be partly responsible for the payment of family law attorney fees.

    As stated above, this is an incomplete answer but an attempt to provide a cursory overview of a subject that... more
  2. Gregory Paul Benton

    Contributor Level 20


    Lawyers agree

    Answered . First I do hope that your MSA had provisions for spousal support and child support and there were provisions in it that allowed your court to retain jurisdiction. If this was in the MSA, then yes you can change the conditions of the MSA as long as the MSA retained court jurisdiction on this. I also do hope that you had adequate representation and that your MSA was properly vetted prior to signing. Regardless of the above, yes you can now file a motion to amend the proceedings to include a divorce. Please seek legal assistance as your husband will probably be able to pay for your attorney fees on this.

  3. Stephen Ross Cohen

    Contributor Level 20


    Lawyers agree

    Answered . simply put the language of your MSA may be good, bad or subjec t to interpretation by the judge. Talk to your attorney

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more
  4. Athina Karamanlis Powers


    Contributor Level 17


    Lawyer agrees

    Answered . A . Responsible attorney must review your agreement. You need to be careful since you husband is affluent . His way of living is very important to identify how you raise his child. You really need an attorney that feels and understands your predicament and wants to help you.

    Disclaimer: The information contained in this website is provided for informational purposes only, and should not... more

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