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Can he change our separation papers? Will a judge let him if we go to court.

Charlotte, NC |

We made our own separation papers that are signed and notarize but we are not divorce. Separated for over 3 years. He will not do the divorce till i agree to change the papers. Now he wants to change how much he pays me. But I feel if he agreed and signed them I should not have to change anything. But not sure what would happen in court.

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Attorney answers 1

Posted

The separation agreement that you signed is a binding contact. You do not have to make changes. Changes can be made if the two of you agree. If you agreement you will sign a new agreement.

If the two of you have been separated for 3 years you can file for divorce. You do not need him to agree to the divorce. You have been separated for the required amount of time in NC to file for divorce.

The only reason your separation agreement would be before a judge is if one of you filed an action regarding the terms of the agreement. The agreement can be incorporated into the divorce decree (depends on the language of the agreement). If that is the case the judge will not hold a hearing regarding the terms of the agreement. He/She will be looking to make sure it can be incorporated and the signatures were notarized.

So, you should file for divorce. Don't wait for him to do it. Don't make changes to the agreement unless that is what you want to do. He cannot force you to make changes. The agreement is binding.

This information provided is general in nature and does not create an attorney client privilege. Please consult with an attorney to get a more detailed and specific answer to your legal matter.

Asker

Posted

Thank you for your help!! I was lot sure if I should just let him change them or fight for what's mine. I did not want to go to court if it was a loosing battle. I don't want to go to court but I also don't think he has the right to change his mind after 3 years.

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