Legal Question in Family Law in Maryland
Seperation Agreements
I signed a seperation agreement with my wife without legal advice that is very one sided in her favor(gives her the house, 1/2 of my retirement I pay child support until age 22 or move out among many others and I assume all credit debts ) and also states that it can't be changed. Legally, is this true(I can't change it) or can I fight the agreement before the divorce date which basically leaves me less than $400.00 per mo. to live on.
3 Answers from Attorneys
Seperation Agreements
There are situtations in which you can get out of your unwise agreement with your wife. For example, that you were under duress, tricked, not completely informed. Consult immediately with an divorce attorney, like myself. The longer the agreement is in effect, the harder to get out of it.
Re: Seperation Agreements
I recommend attempting to modify the agreement during your divorce proceeding. Have you filed for divorce yet?
Re: Seperation Agreements
You made a very bad decision in not consulting with an attorney before signing this agreement. Her attorney was clever enough to insert a "no modification" clause in it, which essentially deprives a divorce judge from revising the agreement, except insofar as it pertains to child support, custody and visitation. But any such revisions in those areas would be based upon the child's needs and what is in his/her best interest.