Can a judge overturn a pro se divorce when both parties have already agreed?
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Can a judge overturn a pro se divorce when both parties have already agreed?
My wife and I have been separated for 23 years. We are looking to just finalize the separation and file for a divorce. I am afraid since I have done much better for myself since our separation that the judge will order our agreement as unfair and overturn it. Can this happen?
Asked on June 6, 2011 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, if the parties agree on their own to the separation of their marital assets a court will rubber stamp the agreement. However, courts assume that thee has been full disclosure by both spouses as to their current financial situation. That is not to say, however, that you will have to end up giving your wife any more or less than you agreed to 23 years ago. I am assuming that you have some formal agreement - I hope - that gave a cut off date, so to speak, for the courts to use as a time when your marriage "ended" (although not legally) which then is a date certain to distinguish marital property from separate property. I would really think about consulting with an attorney in your area on the matter. Good luck.
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