QUESTION
Is marital separation agreement binding if we reconciled?
Asked on May 19th, 2015 on Divorce - Florida
More details to this question:
My husband and I have been legally separated. He is an alcoholic. I needed to protect my children. We got back together after he promised to go to counseling and to go to AA. He did that for a period but has relapsed. Is our separation agreement still binding?
10 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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That's a very good question, but it's hard to answer. Does the agreement provide for a termination date? Does it make provision for the effects of a reconciliation? Consult a lawyer who can review the document with you, and ask you the kind of detailed questions which are beyond the scope of this site.
Answered on May 20th, 2015 at 3:50 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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Typically, the parts that have been executed are binding. The parts that remain incomplete are not. For example, if the Agreement said that you would sell the house and split the proceeds, and you did that before you reconciled, you can't make him give back his half of the proceeds. However, if the agreement also said you would sign over the car title to him and that wasn't completed before you reconciled, then it goes out the window. If an attorney drafted it, there is probably a paragraph that deals with reconciliation in the agreement.
Answered on May 20th, 2015 at 9:33 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Presumably, yes, but it depends on its content. Regardless, you can dismiss the Petition and thus be free of all orders. Good for you two working things out!
Answered on May 20th, 2015 at 4:58 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's binding until there is something in writing that makes it not binding. The real question is whether or not there has been a divorce to go with the separation agreement, because depending on how it was written, it may not be binding until the divorce is final.
Answered on May 19th, 2015 at 5:54 PM
4 Awards
If your agreement was court ordered you need to have a court order to lift it or end it.
Answered on May 19th, 2015 at 4:20 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot answer the question without reviewing the documents. Have them reviewed by an attorney.
Answered on May 19th, 2015 at 3:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to review the separation agreement and all of the circumstances prior to forming opinion. I would suggest that you see a family law practitioner, and am sorry about his relapse.
Answered on May 19th, 2015 at 3:20 PM
Bruce Provda
It might be, however it is impossible to say without seeing the agreement.
Answered on May 19th, 2015 at 3:20 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If you didn't file or sign anything rescinding the agreement, it should still be good.
Answered on May 19th, 2015 at 3:20 PM
Your marital separation agreement should still be binding until such time as you both agree, 'in writing', to void the agreement. Good luck.
Answered on May 19th, 2015 at 3:17 PM