Can I back out of divorce/separation agreement?

An agreement isn’t binding until a judge signs and enters it. If you find, after consideration and possibly advice of independent counsel, that the terms and conditions enclosed in the Agreement are not tolerable or include things you feel you can not live with, then do not passively allow it to happen to you.  Once the Agreement is entered into the court and made into an Order, you are bound by it. But, you can stop it at any time before that.  (There are ways to open the Agreement and modify certain terms and/or conditions, but they are difficult and costly.)

An Agreement memorializes the things the parties want and agreed to.  If you don’t agree, then its pointless.  Step back from an Agreement that does not represent what you agree to.  Don’t be bullied or coerced into signing.  If you signed it already, you have a last chance at the final hearing to express to the Court that you did not willing sign the Agreement.

torn curtain

Whether you live in an equitable distribution state or a community property state, property (personal and marital) can be put on the chopping block for distribution. The time and money and effort you put into the marriage  has a quantifiable value. I think every party should fight for their fair share.

You should retain a lawyer and fight for the things you are entitled to receive. The short answer to your question is: YES.

 

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2 responses to “Can I back out of divorce/separation agreement?

  1. My atty. told me that I waived my rights ( the agreement) but it has not been to the judge yet. I thought my ex should still be paying UNTIL signed.?!

    • You have not waived your rights though you may have signed the agreement. The Court (Judge) will ask you if you signed it willingly, knowlingly and voluntarily before he enters it into the judgment. That is your last chance to say “NO. I feel coerced or pushed into signing this.” If your lawyer is not advising you properly, you should consider replacing him/her.

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