Invalid Separation Agreement?

Related Ads
Talk to a Local Family Law Attorney
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

My husband and I made out a separation agreement.  He refused to get a lawyer stating he didn't want to waste the money.  My lawyer drafted the document and it was signed and filed by both of us.  In the agreement, my husband gave me the house (signed the quit claim deed and I refinanced), he pays nothing but health and car insurance for the two kids (one in high school other in college-tuition in mortgage I'm paying).  No child support or alimony.  He then lost his job and is stating that the agreement is "Invalid" and is saying he wants "something" from the house since this new job pays less and his standard of living is "changed".  We have not yet been to court.  Can he do this? – Kat

Answer:

Kat: The court can set aside an agreement that it considers one sided or unfair, but it is awfully hard to persuade a judge to do so.  After all, one of the reasons we put things in writing and sign agreements is to hold people to their promises if they change their minds later.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


Thinking About Divorce?

Find information about divorce or locate a lawyer to help you.
Talk to a Lawyer
If you have questions about divorce, child custody, or child support, get advice from a divorce lawyer.
40% Off Nolo's Best Selling Divorce and Family Law Books!
Use the coupon code "divorcenet"

Get Informed


Popular Topics


LA-WS1:LDIR.1.3.0.121213.177xx