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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-17-2010, 07:05 AM
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Join Date: May 2010
Posts: 3
scotty is on a distinguished road
Default re-opening the divorce agreement

separated in 2000
divorced in 2002.

At the time of our separation I was under the care of a psychiatrist.
I did not have a lawyer represent me and just agreed to the demands my former spouse.
In fact the actual date of separation was quite different from the date on our separation agreeement. We separated at least 1 year if not 2 later than what is on the agreement.
My ex now wants to ammend the terms of our separation agreement in order to gain custody of our youngest (our oldest lives with me full time as he attends university, I ask for no spousal or child support nor do i ask for any financial support).
question: can separation/divorce agreements be re-opened and ammended? In this case, the date being incorrect, can that be modified?
Thanks,
S.
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Old 05-17-2010, 10:47 AM
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Join Date: Aug 2009
Location: Ontario
Posts: 972
representingself is on a distinguished road
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You may need to clarify your situation a little...

Custody is never set in stone....and either parent can bring forward a motion to change the custody arrangements at any time.

The date of separation has nothing to do with custody, and you have been divorced for 8 years so I don't understand why you are concerned with changing the date?

It appears as if you are implying that you got a sour deal because you were under the care of a mental health professional during the divorce...

As it was so many years ago, I don't see how that is relevant. If you feel that your mental status at the time of the divorce affected the outcome... why have you waited so long to address it??
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