The typical separation agreement, or a stipulation of settlement resolving a divorce should state whether the agreement is to survive the judgment of divorce as a separate contract, or whether it should be merged and incorporated into the judgment of divorce thus allowing for modification similar to a court order. Where it Does Not Matter Your decision will have no effect on the issue of custody and visitation because these issues can be modified until a child reaches the age of 18.The court will base its decision upon whether there is a change of circumstances that render it in the child's best interest to modify the custody and/or visitation provisions.This allows you to negotiate and execute your MSA and then to file for your divorce as soon as the waiting period has been completed. Call the Court Clerk in the courthouse where you intend to file your documents to determine if the requirement exists.
However, a request for a downward modification in support is significantly harder to prove, and becomes something to think about when deciding whether or not to elect this option.
3) Right to Sue - If the agreement survives as a separate contract, then even if the judgment is modified by the court, the other party can sue under contract law to enforce the contract obligation and obtain a money judgment for what is owing and seek to collect it.
In Texas, if you have a Marital Settlement Agreement your divorce pleadings will be simpler and less complicated and it will be absolutely clear to the court that you have an uncontested divorce. Do I have to file a Marital Settlement Agreement with the court?
When you initially execute your Marital Settlement Agreement you do not have to file the Agreement with the Court to be effective.
We anticipate this downtime to last only a few hours on Saturday night.