Can my spouse take me to court after settling custody in mediation because I started seeing someone during separation?

Asked over 1 year ago - Houston, TX

Spouse is threatening court procedures after discovering I was seeing someone after separation. I filed for divorce 2 months before leaving. Spouse found this out after mediation agreement for custody was signed. What ramifications will this have on custody and property distribution? Also threatening other party involved with lawsuit. Is this possible?

Attorney answers (3)

  1. Vicki Elaine Wiley

    Contributor Level 14


    Lawyers agree

    Answered . Check the language on your mediated agreement. In Texas mediated settlements are binding. It is highly unlikely that the third party during separation will have status of a substantial change of circumstance that must be proved for a change. Please consult a Family attorney in your local area. Many attorneys, like myself, give a free initial consult and can give you clearer guidance based on all the specific facts of your case.

    This answer is general information which does not establish any attorney-client relationship between the person... more
  2. Howard M Lewis


    Contributor Level 20


    Lawyer agrees


    Answered . Unless the mediation was court ordered and binding, either of you can seek redress before a judge. take care. It does not mean she will prevail.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . The custody agreement is binding and the court will honor and enforce it. Your spouse also has no cause of action against the third party.

    You would be well-served to consult with a family law attorney and perhaps seek a restraining order if the threats continue.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

Related Topics


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

Divorce mediation

Divorce mediation is a way for a couple to end their marriage without litigation by using a mediator to help them reach an agreement.

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