I currently have a divorce settlement and we are legally separated and she wants to refile with new terms. Once she refiles, what happens to the current agreement? Does the new terms that I have not yet sign be in effect regardless?
Answer
You posted to Georgia lawyers so I assume this is in Georgia. In Georgia there is no such thing as a legal separation. And you don't have a divorce settlement unless you're divorced. So your post states a set of "facts" that are impossible. The best I can tell you is to call your lawyer, who should know what actually is happening.
Answer
In Georgia we do have what is known as "Separate Maintenance" actions which resolves the issues of the marriage. It may be resolved by court hearing or you may have entered into an agreement. Once an order is entered, either party may later decide to file for a divorce. In my separate maintenance actions I always ask my client if he/she wants the agreement to be the final agreement should a divorce action be subsequently filed. If the parties agree, that language is put into the agreement. Your posting does not say if you simply entered a written agreement and separated with no court action so difficult to advise. You need to take your documents to a family law attorney and have him/her advise you.
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