Legal Question in Family Law in Ohio

Revoking or amending a dissolution agreement.

Due to recent circumstances my ex-husband and I wish to "re-do" our dissolution agreement. We are in complete agreement with the changes. Our dissolution was final July 1996. Can this be done?


Asked on 12/03/97, 8:58 pm

3 Answers from Attorneys

Cynthia Carroll Cynthia Y. Carroll, P.A.

modifying judgment/order

Generally speaking, judgments/orders concerning dissolution of the marriage can be modified by consent. In NC, it's a relatively simply process whereby the Consent Order is drafted by an attorney, signed by the parties, and the atorney approaches a judge for a signature. You need to contact an attorney specifically in your state.

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Answered on 12/04/97, 9:09 am
Robert Friend Robert H. Friend, Attorney at Law

Redoing a "dissolution agreement"

You haven't provided enough information to give a really good answer, because you haven't stated specifically what part of your affairs that the agreement covered (i.e., property division, alimony, child support, etc., etc.). In my state (NC) any kind of agreement can be modified. But it might make a difference if it has become part of a court's order. And in NC (and I would assume all states), the court ALWAYS can have the final say-so concerning child support, no matter what the two parents may have agreed. You'd better run your ideas by a lawyer in your state to prevent future problems.

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Answered on 12/04/97, 1:34 pm
Alan Pransky Law Office of Alan J. Pransky

Changing a divorce agreement

Divorce and separation agreements are contracts, like any othercontracts, are modifiable byall parties involved. Modifications must be supported by considerationand must be fair.Consideration is usually self-evident by the terms of the modification.Since the state is aparty to a marriage, any modifications should be approved by a judge.Without a judgefinding that the changes are fair and incorporating the changes into anorder, any changesyou make may not be enforceable if your ex fails to obey the terms.

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Answered on 1/31/98, 8:47 am


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