Legal Question in Family Law in Maryland
Amendments to seperation agreement
I have been seperated for almost 1 year but I want to change something in the seperation agreement. Is this possible after it has already been signed and filed?
1 Answer from Attorneys
Re: Amendments to seperation agreement
The short answer to your question is, "Yes--but it depends."
It depends, first, on what change(s) you are contemplating. Your inquiry does not provide any details as to the nature of the change you are seeking.
It depends, secondly, on whether your spouse will consent to the change. If not, you would have to go back to court and try to argue that a very significant change in circumstances had occurred which would make it just and equitable for the court to permit a modification of the agreement. This is very unusual, by the way. Ordinarily, a settlement agreement is viewed as any other contract, and you are considered bound by what you originally agreed to.
Even if your spouse consents, any changes to the settlement agreement should be presented to the court for ratification--to ensure that the changes are enforceable, in the event of a future dispute over terms of the agreement.
I would strongly suggest that you contact an attorney to discuss the specific facts of your case. Your attorney can discuss your rights, obligations, and options under the law, and you can proceed accordingly.
I would be happy to discuss the possibility of being retained to represent you in this matter.
Please contact me at:
973-605-8995