Legal Question in Family Law in Maryland
I was granted an absolute divorce in 1997. My question is when I signed my divorce papers I signed to give my husband one half of my retirement. I am now thinking about retirement and realize that was a big mistake. I was so upset at the time and just needed to get away from this man that I would have given him everything I owned . Now I need to know if there is any way this can be changed. He did not believe in retirement and so I get nothing from him, Which I dont feel is fair. He got my house and gave me $5,000.00 . Like I said I was so abused by him that I would have given him anything at the time. Can this be changed if I reopen my case?
2 Answers from Attorneys
If you agreed to this provision in a separation agreement, you would have to show that you were coerced into signing the agreement under duress or that your ex-husband either had undue influence over you or that he committed some sort of fraud. While not impossible, it would be a very difficult task.
I agree with the previous answer. With few exception, divorce decrees are final and cannot be modified. You didn't say if you had an attorney. However, now is the time to seek a free office consultation with an attorney to discuss the modification exceptions.