If we get an uncontested divorce with only a parenting plan put into place, can we later go back so I can get retirement, spousal and child support?

We’re getting a divorce but staying together as partners and as a couple. He only wants to put a parenting plan into place now in hopes we’ll get re-married. If this plan doesn’t work out can I take him back to court to file to get my portion of his retirement I know I’m entitled to, spousal support and/ or child support? How difficult or easy is this to do? We have a 2 year old son involved in this as well.

Asked on November 9, 2011 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would STRONGLY suggest that you do NOT agree to this plan and that you do NOT get divorced with out resolving all the issues that one resolves in a divorce: distribution of assets, child support and spousal support.  If you choose to remarry later on and void the agreement then so be it.  But I fear that you may be waiving some right later on by agreeing to this plan of his.  If he hopes to get re-married then why get divorced at all?  Especially if you are remaining a  "couple" asyou state?  Something is really fishy here.  I would not feel good about this agreement. Seek legal help as soon as you can.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.