Legal Question in Family Law in New York
Requesting change to legal separation agreement
When filing for a divorce using a legal separation agreement which has been signed over 1 year ago, I understand that the terms of this agreement then become the terms of the divorce? If this is correct, Can either party request certain changes to the existing agreement upon filing for the divorce, without risk of entering into a contested divorce?
1 Answer from Attorneys
Re: Requesting change to legal separation agreement
Your separation agreement should have a provision about making changes to the agreement. This is the procedure you will have to follow.
If you make changes, it does not start the year all over again. You must understand, however, that your soon-to-be ex may not consent to your changes. If s/he does not, and you are adamant about making the changes, this would likely force you into a contested divorce, and greatly increased legal bills.
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