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mistake is clerical, such as an incorrect date. It will be harder to modify if there is a dispute between you and your spouse over what is correct. |
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For example, it is not a clerical error if your lawyer forgot to include in the Judgment of Divorce your wish to be with your children on Mother's Day. Your lawyer can try to have the decree modified. Judges will usually agree to a modification if both sides agree to it. |
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How Remarriage Can Affect the Divorce Decree or Settlement |
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Hopefully, if your case was settled, your agreement took into account the possibility of remarriage. For example, if your ex is paying you maintenance and the agreement says that stops if you remarry, you can be sure your ex will comply with that part of the agreement! If your ex's lawyer forgot to put in that provision, your ex may have to go to court to be allowed to stop paying maintenance, and he may not win. |
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If your case was tried by a judge, there may be laws in your state that affect what happens if you remarry. For example, the law might provide that support automatically stop on remarriage. Now your ex does not have to go to court to have this change made; the law has made it for him. |
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Can you keep your remarriage a secret? Of course you can, but that's not a good idea. Most agreements require you to notify your spouse (or your lawyer who will notify his lawyer) about a change that affects the deal. If you don't have an agreement and you're collecting maintenance, the law probably provides that it stop on remarriage. Eventually, you would have to give back the money you kept. If for some reason your case went back to a judge, your actions would work against you. |
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When Your Second Marriage Ends |
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What if you get divorced from your second spouse? Does your first spouse have to resume paying you? Not usually. The same applies to any benefit you gave up when you remarried. A second divorce does not bring your first spouse back into the picture, so be sure that you want to give up your entitlements before you tie the knot a second time. |
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Remarriage after a divorce has the most impact on the person who was the breadwinner in the first marriage. If you're the breadwinner, suddenly you're contributing to two households, not just to your former household and your own expenses. Your new spouse may resent the money that's going to your ex or your children. Also common is that she may resent the time you spend with your children, or the time they spend with the two of you. These are issues to consider before remarriage. |
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