Can a judge overturn a mediation agreement in a divorce that has not been finalized?

Asked over 3 years ago - Fayetteville, TN

I work 3rd shift and after working all night i went to a mediation in my divorce and i didnt understand a lot of what was said and i feel it was unfair when i had my evidence to prove that my ex had an affair though it was never presented to the court and during the mediation i was continually told that it was what the judge would do even though it pretty much gives her everything and my lawyer is teling me its legal and binding and we go before the judge tomorrow to finalize things and i am thinking of telling the judge i dont feel i was given a fair deal and asking him to decide on things.Not even 24 hrs after it was signed it was broke by my ex does that affect things?

Attorney answers (1)

  1. Anne Elizabeth Johnson Mead

    Contributor Level 7

    Answered . You will have to meet a high standard to show that your execution of the agreement shouldn't be approved by your Judge. You will need to show that your consent to the agreement is the result of fraud or coercion.

    The Tennessee Supreme Court has stated that a marital dissolution agreement may be enforceable as a contract even if one of the parties withdraws consent prior to the entry of judgment by the trial court, so long as the agreement is otherwise a validly enforceable contract. In the absence of fraud, coercion or some other circumstance that would have made the agreement invalid, the repudiation of a marital dissolution agreement does not prevent its enforcement.

    please remember that my answers to your questions are based only on the information you provide on this site, and... more

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