Marital Settlement Agreement question

[Eve K.]

Jurisdiction

California

I have an original signed and notarized Marital Settlement Agreement attached to my divorce case from three years ago that was dismissed due to reconciliation between the parties.

Now, the same spouse/petitioner has once again filed for divorce. I note in the original MSA the following: "Reconciliation: In the event of a reconciliation or resumption of marital relations, this Agreement or its provisions shall not be abrogated in any way without further written agreement of the parties." Does this mean the court will uphold this agreement as it pertains to the new divorce case? I already know that the petitioner is opposed to this. To this point neither of us has an attorney and his plan is strictly DIY.

 

[army judge]

Does this mean the court will uphold this agreement as it pertains to the new divorce case?

You and the other party MIGHT be bound by the alleged agreement.

Other than you and the other party, especially the court currently hearing your present day divorce action, the agreement means nothing of legal significance.

I suggest you discuss everything surrounding your present day legal matter ONLY with your attorney of record.

What, you haven't retained an attorney?

No problem, you can potentially get one and the other party will be required to fund him/her!!!

You especially do yourself a disservice by seeking information from anonymous, internet entities.

 

[adjusterjack]

I already know that the petitioner is opposed to this.

Opposed to what? Does the petitioner want to uphold it or not uphold it?

What do you want? To uphold it or not uphold it.

 

[zddoodah]

I note in the original MSA the following: "Reconciliation: In the event of a reconciliation or resumption of marital relations, this Agreement or its provisions shall not be abrogated in any way without further written agreement of the parties." Does this mean the court will uphold this agreement as it pertains to the new divorce case?

When you agreed to the terms of the MSA, what did you intend for this language to mean? You read and understood the document before you signed it, right? Beyond that, the sentence quoted is a simple English language sentence.

If you want to take the position that the old document governs all issues in the new case (save for any new issues that have arisen in the last few years), you're certainly free to do that, and I suggest you confer with your divorce attorney about the likelihood of that sort of argument succeeding.

To this point neither of us has an attorney

I suggest you change that going forward.