Legal Question in Family Law in Massachusetts
No lawyer-lawyer
Hi,
I've been divorced for about a year and a half. At the time of the divorce I had an attorney but by ex did not. He has recently gotten an attorney and has filed for a modification requesting all sorts of changes to visitation, custody, etc. He is claiming that because he did not have a lawyer he was disadvantaged and the separation agreement is not fair.
Is this a valid argument? How will a Judge deal with this?
4 Answers from Attorneys
Re: No lawyer-lawyer
I would say that lack of a lawyer is not justification for the modification. The judge asks both parties, even when they are represented by attorneys, whether they understand an agreement or order and whether they voluntarily entered into that agreement. Given that the divorce was finalized I can only assume that your ex-husband answered affirmatively to the judge's questions.
However, just because his argument about not having an attorney may not fly does not mean that he does not have adequate grounds to modify the agreement. In Massachusetts the standard is that there must be a material change in circumstances. In order to be success in his modification(s) he must meet this standard.
If I can help you further please feel free to contact me so we can discuss the matter a little more in-depth.
Re: No lawyer-lawyer
It is not a valid argument, he could have gotten an attorney if he wanted one and he would need to show fraud to change the settlement agreement; except as to visitation and child support. That he can seek to change based on change in circumstances.
Re: No lawyer-lawyer
It is not a valid argument, he could have gotten an attorney if he wanted one and he would need to show fraud to change the settlement agreement; except as to visitation and child support. That he can seek to change based on change in circumstances.
Re: No lawyer-lawyer
As a general rule, this is no argument at all. A judge should ignore this. A modification deals with a change of circumstances. modification since the judgment.
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