Frequently Asked Questions
Ethically, no. Even if both spouses agree, it creates a conflict of interest. Each spouse should be independently represented or at minimum have the opportunity to consult with separate counsel. This protects both parties and makes the agreement more likely to be enforceable.
Hidden assets discovered after the agreement is finalized can sometimes be grounds for modification or fraud claims. However, once a judgment is final, the burden is high to overturn it. This is why full financial disclosure is critical before signing the MSA.
Yes. The court must review the MSA and entered judgment to ensure it's fair and legally compliant. Most uncontested divorces are approved without a hearing; the judge reviews paperwork only. Some jurisdictions require a brief hearing or affidavit testimony.
Yes, both spouses can agree to modify before the judge signs the final order. After judgment is entered, modification requires meeting the 'substantial change in circumstances' standard and filing a formal motion to modify.
Most states allow waiver of the waiting period if both parties consent. Some require written consent; some allow waiver in court. Check your state's rules. Even with waiver, you still must file all paperwork and have it approved by the court.
Typically yes, but most states have a brief appeal window (10-30 days) during which either party could theoretically appeal. After that window closes, the judgment is final and enforceable. Contact your court or attorney about your specific jurisdiction's timeline.