In a divorce proceeding, a prior oral separation agreement, put on the record, assented to by the parties under oath, and approved by the court does NOT control over a subsequent written separation agreement, signed by the parties, approved by the court, and filed with the clerk. An unambiguous written separation agreement incorporated into a journal entry and decree of divorce controls over a prior oral separation agreement placed on the record.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com