Q: Can I have the settlement agreement updated to reflect changes to certain words being used?
I recently had a final hearing - we are in full agreement. The agreement needed to be altered with pen to correct what my lawyer did not send to the other party as I fired my counsel before the hearing. We signed the settlement with corrections but was not signed in front of notary as there is a space for one to sign. Can I send the opposing lawyer my request for changes to the settlement in regards to use of certain words. For example - I want "the wife/husband" to be changed to "the mother/father" and "minor child" to be changed to "son/daughter", etc. If we are to be divorced by decree, why should the language reflect as if we are still married?
NOTE: We have not been given final decree and I'm still waiting to receive the updated, typed divorce settlement with the corrections made before hearing from the opposing lawyer for final signature.
A: You can request those changes, but the changes you have given above have no legal consequence in the enforcement or application of the settlement agreement. The terms in the current agreement are often used in divorce cases for ease of reference.
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