Can a legal divorce be amended by both parties signing and notorarizing a seperate agreement?

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Can a legal divorce be amended by both parties signing and notorarizing a seperate agreement?

Asked on March 29, 2011 under Family Law, New York

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 10 years ago | Contributor

No. However, the divorce could possibly be amended by the court accepting the agreement and making it an order of the court. With no information as to what is wanting to be amended, how long since the original divorce, and why the amendment wants to be made, there is not enough information to give you a proper answer. Child support and child custody issues are fluid. Spousal support may not be (unless the original divorce provides for it to be) and the court may not have jurisidiction to amend that provision. Property settlements may not be able to be amended either.

In other words, there is no where near enough information to answer completely and properly.


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