Cancel a separation agreement in MA

[Babypanda]

What is the name of your state (only U.S. law)? Massachusetts

I have a separation agreement filed and we go to court next month for the hearing however I would like to make changes or cancel it outright due to some financial things that need to be added. Will I be able to do this in court (we are not using lawyers ) or will the judge make me stick to the original?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Massachusetts

I have a separation agreement filed and we go to court next month for the hearing however I would like to make changes or cancel it outright due to some financial things that need to be added. Will I be able to do this in court (we are not using lawyers ) or will the judge make me stick to the original?

You are in over your head. You need an attorney if you cannot educate yourself in how to make modifications properly. Did your spouse sign the separation agreement? Are they agreeing to "cancel it outright"? What financial things "need to be added"?

 

[Babypanda]

You are in over your head. You need an attorney if you cannot educate yourself in how to make modifications properly. Did your spouse sign the separation agreement? Are they agreeing to "cancel it outright"? What financial things "need to be added"?

He did sign it. As far as the financial stuff, he has since acquired about $500 in fees from a joint bank account that I haven't used in over a year( i don't want to be responsible for it)and he hasn't paid his half of the mortgage in about 3 months. (He still lives in the house but in a separate area downstairs).All this happened after the papers went into court. I know I need at least a mediator at this point but we were hoping that this could be done as cheaply as possible. He won't be happy about canceling it since he is the one pressing for it which is why I was wondering if changes can be made.

 

[Ohiogal]

He did sign it. As far as the financial stuff, he has since acquired about $500 in fees from a joint bank account that I haven't used in over a year( i don't want to be responsible for it)and he hasn't paid his half of the mortgage in about 3 months. (He still lives in the house but in a separate area downstairs).All this happened after the papers went into court. I know I need at least a mediator at this point but we were hoping that this could be done as cheaply as possible. He won't be happy about canceling it since he is the one pressing for it which is why I was wondering if changes can be made.

If he doesn't want it cancelled it very well may not be cancelled. The bank can hold you responsible for the fees regardless of what the Separation Agreement states. And if you are on the mortgage to the house, you are wholly responsible for it as well.

 

[latigo]

If he doesn't want it cancelled it very well may not be cancelled. The bank can hold you responsible for the fees regardless of what the Separation Agreement states. And if you are on the mortgage to the house, you are wholly responsible for it as well.

I must respectfully disagree.

First I don’t find anything in her posts to suggest that she is denying joint liability for the marital debts, including the mortgage.

But what does appear is that their agreement included, (among other things obviously) each to pay one half of monthly mortgage payments.

So, if it is true, as she writes that the husband has shirked that commitment for three months requiring her to pick up his end how could he reasonably claim that she remains contractually bound to any of the other features of the agreement? Can he pick and choose what is favorable to him and ignore that which is not?

I think that the contract has been abrogated and now void. And once fully informed the court will agree. But then I'm seldom right.

 

[Ohiogal]

I must respectfully disagree.

First I don’t find anything in her posts to suggest that she is denying joint liability for the marital debts, including the mortgage.

But what does appear is that their agreement included, (among other things obviously) each to pay one half of monthly mortgage payments.

So, if it is true, as she writes that the husband has shirked that commitment for three months requiring her to pick up his end how could he reasonably claim that she remains contractually bound to any of the other features of the agreement? Can he pick and choose what is favorable to him and ignore that which is not?

I think that the contract has been abrogated and now void. And once fully informed the court will agree. But then I'm seldom right.

I believe you are assuming that those financial items were in the agreement. I believe from my reading that she forgot to put that in the separation agreement and now wants to go back and have a do-over to include that so she can force him to pay the three months. If your reading is correct, then I agree with you. If however she didn't include any of that regarding the bank account or splitting of the mortgage, she may have a hard time adding it now in order to go back against it.