Your divorce agreement is a document that covers every aspect of your and your partner's end to the marriage. The agreement becomes part of your final divorce decree when the process is finalized. Here is what you need to know about the agreement.
Who Creates the Agreement?
Ideally, you and your spouse will create the agreement. Both of your attorneys will help you draft a proposed agreement. The initial agreement is usually considered to be a point from which you can negotiate. You are not legally required to accept the terms of your spouse's proposed agreement and vice versa.
If you and your spouse are unable to reach an agreement, the divorce court will intervene and make decisions for both of you based on the laws and what is best for everyone involved. In some instances, this can be the less desirable option. For instance, if the court decides who gets custody of your children and visitation, you might not be awarded the time you want with your children.
Can You Complete an Agreement Without an Attorney?
It is possible for you and your spouse to reach an agreement without legal counsel, but bringing an attorney into the process can offer both of you certain protections. Your attorney can ensure that the wording of the agreement doesn't result in you losing important rights, such as custody or visitation with your children. An attorney can also help you avoid giving up more assets than you are legally required to.
If you and your spouse are unable to reach an agreement with each other regarding certain aspects of your divorce, the attorney can help. He or she can help with negotiations and push for a settlement of the issues.
Can the Agreement Be Changed?
The agreement can be changed in certain situations. If both of you agree to changes, you can request a formal modification through the court to the agreement. The court will review the agreement and make a decision as to whether or not the changes should be accepted. The divorce court might require you to explain the reasoning for the modification request.
Your attorney can provide you with invaluable advice about your divorce agreement. Even if you have not hired a professional attorney, at least consult with one, like those at McKissick & McKissick, before signing the agreement. Trying to change an agreement after the divorce is final can be difficult in some circumstances.Share
11 June 2015
When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.