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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 t

On Behalf of | Jul 21, 2017 | Uncategorized

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.