How to Contest a Divorce Separation Agreement

Carefully negotiate the terms of your divorce separation agreement.

A couple can write a separation agreement that temporarily sets forth the terms of their relationship after separation and before divorce. Additionally, the couple may choose to write their own separation agreement that the state court can approve as the couple's final divorce judgment. It may be easier to contest the terms of a temporary agreement rather than an agreement finalized upon divorce. Family law courts in different U.S. states may follow varying requirements regarding divorce separation agreements. You should learn about the laws specific to your own state or consider hiring an attorney to help with your separation agreement.

Instructions

1. Review the terms of the current divorce separation agreement temporarily in effect. Consider the agreement's provisions regarding spousal support or alimony, child support, property division and other financial issues. Identify the legal issues affecting you that the court could change or improve upon.

2. Negotiate changes to the terms of the divorce separation with your spouse, cooperatively if possible, before the state court has made a final judgment in your divorce case. Proceed with the help of a local attorney if you need help with negotiating the terms or writing the agreement. Consider participating in collaborative law or mediation if you believe those activities would facilitate discussions about the terms of your separation or divorce with your spouse.

3. Inform the judge using the relevant family law forms or procedures required by your local court that you would like to change your divorce separation agreement. Contest any legal issues that you would like the court to change before the court has made any final decisions, as according to the American Bar Association, it is generally more difficult to challenge or appeal a finalized divorce agreement.

4. Challenge the other party's conduct or non-compliance with a finalized divorce separation agreement, which may also be known as the divorce decree or divorce judgment, through the appropriate procedures allowed by your state's laws. Ask the court for extra help with enforcement if the other party does not comply with the responsibilities listed in your separation agreement.

Tips & Warnings

• Seek legal advice from a divorce attorney about the laws of your state and the consequences of a separation agreement.

• A separation agreement may help to eliminate confusion and ambiguity regarding each spouse's rights and responsibilities upon separation or divorce.

• While it can be difficult to appeal a finalized divorce judgment, an individual may be able to ask the court to modify some of the terms of the agreement.

• Divorced individuals usually cannot appeal outright the terms of a finalized divorce judgment if they agreed to the terms of their separation agreement together. An individual may wish to consult with a lawyer to discuss appeal options.

References

• American Bar Association: ABA Guide to Family Law: Chapter 8: Separation, Annulment and Divorce
• Fairfax County Commission for Women: Separation and Divorce Information
• New York State Unified Court System: Divorce Resources
• New York State Unified Court System: Collaborative Law
• Utah State Courts: Getting a Divorce in Utah

Resources

• American Bar Association: ABA Guide to Family Law
• DivorceHQ: Separation Agreements
• FindLaw: Appeals and Motions to Modify the Divorce Judgment