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.
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 attorneys 'practice' and improve upon during the entirety of their legal careers. This response is not meant as legal advice or as a legal opinion. Such advice would be impossible or impractical without additional information and more facts giving rise to the question. A consultation with an attorney is necessary.
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 mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
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.
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