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Once settlement agreement is signed, no fault divorce is filed, can I change my mind and file for contested or fault divorce?

Hershey, PA |

There is a chance that my wife will go to live to different country, after we both both sign settlement agreement. We agreed to mutual consent uncontested divorce and I am planning to file complain as soon as she signs agreement. However, she is planning to go abroad and live outside of the country for more than 1 year after she signs agreement. Can she or me contest the divorce after I file no fault divorce? Can I change my mind and file for fault divorce after 1 year of her absence (based on abandonment) Now we still rent the same apartment and live under the same roof, but we established in our agreement the date of separation in October.

Attorney Answers 3


  1. If you haven't filed the complaint yet, you can include any counts you wish, including fault counts. I would also watch the wording in the settlement agreement. Your best course of action would be to hire an attorney to discuss the complaint and the settlement agreement.

    You may contact the Law Office of Robin J. Gray for further legal advice. Office (610) 689-0877; Fax (610) 689-0932; Cell (484) 769-5855; robingraylaw.com This answer is for informational purposes only. It does not establish an attorney client relationship.


  2. There is no substitute for the advice of a well-qualified family law attorney to answer these questions and many more. Attorney Hannah Suhr handles family law matters in my firm. Many firms, including mine, offer free consultations. I recommend you contact an attorney to discuss these questions and choose the correct course of action.

    F. Dean Morgan
    Managing Attorney
    The Morgan Law Firm


  3. Abondonment does not apply. Either of you may contest the divorce but to do so will be a violation of the agreement if it is an actual signed agreement containing such a provision.

    The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.

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