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My ex-spouse and I settled our divorce case with a Separation Agreement. That basically was a contract between the two of us. We each promised to do certain things. Our divorce was granted in the past, and now we want to change some of the provisions in that Separation Agreement. Since the agreement is something that we entered between ourselves, are we allowed at this point to change it?
This is a very typical question
we encounter in our Ohio practice.
Generally, once a separation agreement is incorporated into a
dissolution or divorce decree, it loses its character as a contract between the
parties and is elevated to the status of a court order. Guess what?
The parties are not the Judge and generally do not have the authority to
modify a court order! If parties wish to
enter into modifications of agreements that have been incorporated into orders
of a court, the typical best way to try to accomplish that is to present a
proposed agreed order to the Judge for the purpose of modifying the prior order. This is not possible in some situations, and
can be a difficult and technical thing to do.
Generally, it makes good sense to consult with an attorney early on in
such cases. Many times, new court orders
for the purpose of modifying old agreements can be done fairly quickly and
without substantial expense. But, like
most things involved with the law, it depends on what the circumstances
are. Usually, the best time to talk to a
lawyer on such matters is an early time.
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