Can I get the divorce decree modified as it does not match the mediated settlement? Her attorney slipped in changes.

Asked over 2 years ago - Dallas, TX

The mediated settlement said that we both owe taxes due on the house. She moved out, and in this awful economy, I have been stuck paying on the house for 3.7 years. I am now able to sell it, but found that her attorney put in that I am responsible for taxes (not in the settlement) and that she gets 65% of the proceeds, when the mediation agreement said we will split the proceeds. Can I get the divorce decree modified to match the agreed upon settlement? I did not have enough money to pay an attorney to review the changes that he conveniently made, but I do have signed copies of the mediated settlement.

Attorney answers (3)

  1. Michael David Wysocki

    Pro

    Contributor Level 8

    Answered . Your deadline for a Motion for New Trial has long passed. I would contact a knowledgeable attorney and schedule a consult to see about filing for a Bill of Review. The attorney will need to review the Mediated Settlement Agreement and the Decree carefully to discuss your options.

  2. Patricia Faye Bushman

    Contributor Level 15

    Answered . It is possible that you can get it changed, although it may have been too long. Did you sign the Decree? When was the Decree signed by the Court? There are time limits for fixing things like this. You will probably need an attorney to get it done. Good luck.

  3. William Tyler Moore Jr

    Pro

    Contributor Level 19

    Answered . It's way too late to modify the decree. It is final. There is likely language in the decree that it represents a merger of a mediated settlement agreement and that any differences between the two- the decree will control. I'm sorry. Lawyers are quite often essential because of the money potentially involved.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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