If I have signed a marital termination agreement but have not yet seen a judge and been issued a divorce, can I fight a portion of the agreement?

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If I have signed a marital termination agreement but have not yet seen a judge and been issued a divorce, can I fight a portion of the agreement?

Asked on July 17, 2011 under Family Law, Alaska

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You might be able to fight this portion of the agreement before the final order but you can also go back after the fact and attempt to amend if there is cause. If you are worried that you may have not obtained enough due you or compromised too much, get thee to court immediately and ask for a motion to amend it before the final divorce hearing.  At this point, if you are having doubts, you may wish to at least consult with a divorce attorney to do a follow up (a review) of the draft terms of this agreement. Remember, nothing is finalized initially until the judge so orders and remember you always have the opportunity to amend things like alimony and child support after the decree if finances change or help is needed but the better shot is before the initial final order.


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