Question:
After I signed a separation agreement, I learned that my wife had been cheating on me for many years.
Had I known about her affairs at the time of the divorce, I never would have agreed to pay alimony and give her part of my retirement benefits.
I feel that I should not have to give her anything because of her infidelity, but since I already signed the judgment do I have any recourse?
Answer:
Each state adopts a unique set of rules or laws to follow regarding divorce matters. You should always speak with a local attorney for the rules in your jurisdiction.
In Missouri where I practice, if you sign a Marital Separation Agreement by consent and the judge enters the decree of dissolution based upon your consented agreement, then the divorce is final. However, you do have 30 days to appeal that final decree.
In addition to your 30 days to appeal, you could attempt to modify the original divorce decree if there are changes in circumstances that are continuing. Typically changes in circumstances are a lost job, disability or substantial decrease in pay.
Please understand that my opinions are based upon the limited facts that you provided to me. Cordell & Cordell has well qualified and experienced men’s divorce lawyers located nationwide if you require additional legal assistance.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.
