Today was the hearing and we were told the divorce would be granted but the judge would take a week to review the separation agreement before issuing a final decree. It was the end of a loveless marriage and we would have preferred to file no-fault but South Carolina is not a no-fault state so my ex filed adultery against me, even though we had both moved on to other relationships. He is in the military and for me to have filed against him could have damaged his career. Neither of us wanted animosity and wanted it to be as smooth as possible.
However now I am concerned that the judge could possibly "punish" me for adultery by altering the separation agreement regarding child custody. In the agreement I have sole physical custody and we have joint legal. He's in a highly mobile military unit and is not home 200+ days of the year and did not want the children anyway. I desperately do want them.
What are the odds the judge will keep the agreement as is? Nerves are frayed...
2007-02-22 14:41:41 · 6 answers · asked by NDO 2 in Family & Relationships ➔ Marriage & Divorce
As long as both parties signed those agreements, you should be okay regardless of the judges review. All he is going to do is make sure that there is an equal division of everything. Don't sweat it. If you look to the last page of the final disclosure and settlement agreement, there is a paragraph above where you signed that should state something like "both parties agree to the terms of this agreement. This agreement was not made under duress or influence by either party"...etc. That protects you hon. This is just part of the judicial process. In all honesty, the only way a judge can change placement of the child at this point, is if your soon to be ex all of a sudden has a change of heart, and even then it's not soley up to the judge. Social workers and a guardian adlitem are brought in to assess the situation. Judges honestly don't like to get too involved in anything. Keep your chin up...it's going to be fine.
2007-02-22 14:50:32 · answer #1 · answered by Hollynfaith 6 · 0⤊ 0⤋
Who told you SC doesn’t have a no-fault divorce? Whoever it was, lied. SC does allow no-fault divorces (in fact I think every state allows them, except maybe NY), but it does require a one-year separation period.
It’s unlikely the judge will change anything that’s been agreed on UNLESS the agreement was grossly unfair in some way (for example, one party gets all the martial assets while the other party gets nothing, one party receives full custody of the children but the other party is not required to pay any child support, etc).
2007-02-22 18:12:10 · answer #2 · answered by kp 7 · 0⤊ 0⤋
This may or may not help, but the lawyer I had initally said it was a waste of time and money to go through a separation. I turned out to be both, since I had to pay him and filed my own divorce through the do it yourself illinois divorce book, which I did it myself. There were no children involved. The judge we had though went along with our wishes. My ex-husband wanted out and took nothing with him, but also left alot of bills.
2007-02-22 14:49:35 · answer #3 · answered by Jacquie S 1 · 0⤊ 0⤋
U r unnecessarily worked up. Unless there is something radically wrong, the agreement will be approved in toto.
2007-02-22 15:50:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋