Understanding Legal Separation Agreements
Legal separation is a legal step that allows married couples to live apart while still remaining legally married. It can either serve as a precursor to divorce or become a permanent arrangement. In Maine, the law mandates that legal separation agreements must be in writing and signed by both parties involved. These agreements are then required to be submitted to the court for approval, and once approved, they carry the weight of a court order.
What Is A Legal Separation Agreement Modification?
A legal separation agreement is a document that outlines the terms of a legal separation. Circumstances may change after the original agreement is signed, thus making it necessary to modify the agreement. In Maine, if the parties involved wish to make changes to the agreement, they can either do so by mutual agreement or by filing a motion with the court.
Filing A Motion With The Court
To modify a legal separation agreement, a motion must be filed with the court that issued the original order. The party filing the motion must demonstrate that there has been a material and substantial change in circumstances since the agreement was signed in order to justify a modification.
Material And Substantial Change In Circumstances
Examples of material and substantial changes in circumstances include a significant shift in income, the loss of a job, a change in living arrangements, or a change in the needs of a child. It is also worth noting that lifestyle changes, such as remarriage or relocation, can be considered material and substantial changes in circumstances.
Agreement Of Both Parties
If both parties to a legal separation agreement agree to modify the agreement, they can proceed without involving the court. It is essential that such modifications are put in writing and signed by both parties. Once the modified agreement is signed, it should be submitted to the court that issued the original order for approval.
Conclusion
Legal separation agreements are subject to modification if circumstances have changed since the original agreement was signed. Any modifications must be substantial enough to warrant a revision of the agreement. These modifications can be made either by mutual agreement of both parties or by filing a motion with the court. Regardless, it is highly advisable to seek the guidance of an experienced family law attorney if you require assistance with a legal separation agreement modification in Maine. Their expertise will ensure that the entire process is logically formatted and easy to understand.