Legal Question in Family Law in Virginia

Seperation agreement problems

My husband and I wrote up a seperation agreement in 2002 and we both signed it in 2005. Up until February 2006 we were not adhering to the agreement in any way. It was to both our benefits in different ways. He has since filed for a divorce and there are a few items within the seperation agreement I'd like clarified before the divorce is final. He has an attorney, I do not, I was not able to afford one. How do I make sure this is addressed before the divorce is finalized (as of today it is has not been finalized? Do I have to sign the final divorce decree in order for it to be finalized? Do I have any leverage in not signing the decree and asking for these things to be amended by his attorney? I want the changes to be part of the final decree. HELP!!


Asked on 2/24/06, 3:50 pm

1 Answer from Attorneys
Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Seperation agreement problems

You can petition the court (in the event that they do not cooperate with you) to have the agreement voided arguing a substantial change of circumstances if this is indeed the case. I think you have a strong argument in not adopting the current agreement and have it incorporated in the final decree of divorce if neither one of you adhered to the agreement and susbtantially diverged from its contents. You mentioned that you cannot afford an attorney.... have you looked at pro bono work? Low income people can often qualify! Archdiocesan Legal Network (Catholic Charities) in D.C. has a good network of attorney who do work for free and they serve D.C., Maryland and Virginia.

Good luck.

Tiziana Ventimiglia

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Answered on 2/24/06, 5:40 pm


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