Legal Question in Family Law in Massachusetts
Can my divorce agreement be changed?
My wife and I were recently divorced on Nov 1,2002. Our separation agreement was mediated and our divorce was the result of my wife saying she did not wish to be married any longer. She stated emphatically that there was not another man involved. This is not the case, she was having an affair that commenced prior to going to court. Had I known this I would not have been as generous in the agreement. Do I have any recourse based her decision not to disclose the affair prior to going to court?
2 Answers from Attorneys
Re: Can my divorce agreement be changed?
You were scr**ed twice. Uusually material nformation is related to financial status, children, property acquisition and division. Conduct plays a role, but not too significant. Precatory promises and self-descriptions such as whether she is having an afair, or whether she intends to remarry are mostly irrelevant. You are not the first or last generous person who has regretted his charity. I must assume also that you were not represented by counsel.
Maybe another person has another opinion.
Re: Can my divorce agreement be changed?
Your agreement undoubtedly states the divorce is on the grounds of irretrievable breakdown. The terms are based on full disclosure of each of your assets and debts. Nowhere does it state it is based on either party's moral purity. Nor would anything change, since your "generosity" probably was not really based on her purity of reasons for the divorce. If it was, you had a fool for a lawyer.
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