Legal Question in Family Law in Virginia

past separation agreement

I have a separation agreement from Sep 2005. We did not file for divorce after the year but did remain separated as room mates in the same house. The housing market at the time stunk and we decided to live as friends until we deemed we could not handle it or the market picked up an could be sold. Now the house value has gone up and we are ready to file. BUT I have to make an ammendent..since the value went up we need to change the percentage of money we would get. Are my papers sill valid and would they be if an ammendment was filed???


Asked on 1/06/08, 12:52 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: past separation agreement

Yes, if what you're referring to is your PSA(Property Settlement Agreement)which was properly signed by both you and your spouse, such an agreement can usually be amended unconditionally if there are no provisions in the PSA which would disallow it and both parties consent to the amending by endorsing a revised PSA prior to the time it is incorporated into the final decree of divorce.

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Answered on 1/06/08, 2:14 pm


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