Can my husband request that our legal separation agreement be opened again? 5 Answers as of November 30, 2011
My husband and I have been legally separated since 2008 in California and we have a minor child. My husband wants the legal separation agreement (which is already signed by both of us and approved by the court in 2008), to be modified now. Can he request from the court for this case to be opened again or modified? Please advise. Thanks!Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereEdwin Fahlen Attorney at Law | Edwin Fahlen
If your legal separation "Agreement" is a Judgment, most likely it cannot be modified EXCEPT support, custody, and visitation issues, which can ALWAYS be modified. You cannot make an agreement regarding the welfare of minor children that is not modifiable, as it will be void as against public policy. When you are dealing with children, and support competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answer Applies to: California
Replied: 11/30/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
Child custody and child support are always modifiable. However if there was a Judgment entered, the courts will often require a change in circumstance to be shown prior to modifying any orders for custody and visitation.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
Typically any agreement that becomes a final judgment is final. However, there may be enforcement issues or other issues on interpretation of the agreement that could be candidates for court review. Without knowing the specifics of what your ex is trying to modify, it's impossible to provide a clearer answer.
Answer Applies to: California
Replied: 11/30/2011
Peyton and Associates | Barbara Peyton
It depends on what he wants to revisit. Custody, child support and spousal support are always subject to modification as changes occur. If property was not disclosed or unequitably divided, the case can be re-opened to review matters. This question probably should be dealt with an attorney in person to see what documents you signed and were approved by the court in 2008.
Answer Applies to: California
Replied: 11/29/2011
Goldberg Jones | Zephyr Hill
Yes he can request modifications to child custody, visitation, and support matters. There may also be other issues he can address, but I would have to review the agreement to tell you.
Answer Applies to: California
Replied: 11/29/2011







