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A marital settlement agreement is changed by mutual consent of both spouses (or former spouses, depending on the timing of the desired alteration). In some rare instances, one spouse can file a motion with the court to amend a marital settlement agreement if the interests of justice requires such a modification.
Modifications can be requested at any time after the divorce is finalized. If both parties agree to the appeal or modification, we charge $600 to $800 to file the necessary paperwork for you and there is a filing fee as well.
If you want your divorce decree overturned, you will need to file an appeal. You can also petition to modify your divorce decree if the circumstances have changed. For example, child support or periodic alimony may be adjusted, child custody may be modified, or visitation schedules can be changed.
In states where it's allowed, the modification typically must be requested within 30 days of the entry of the divorce decree.
A divorce decree is a Judgment, and as such is not a claim subject to any Statute of Limitations.
Generally, requests to modify a divorce decree are directly related to child support, rehabilitative alimony and periodic alimony. According to Meriwether and Tharp, Inc., Georgia law allows you to attempt to modify your divorce decree once every two years.
In short, the difference between a marital settlement agreement vs. a divorce decree is that a settlement agreement is the set of circumstances that will apply to a divorced couple's lives after their divorce, whereas the divorce decree is the actual court order that legally ends the marriage.
If you settle everything before taking your divorce case to court, an attorney or mediator can draw up an agreement. Once signed, the Divorce Agreement becomes a binding contract, which means both spouses are obligated to follow its terms.
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