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

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

Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

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-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

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 asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

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Vicki Elaine Wiley

Vicki Elaine Wiley

Posted

If there are no injunctions in the agreed settlement order (like "no party can disturb the peace of another party or the children"), then you will need to file for restraining order or injunctions. If there IS such language, you may want to file an enforcement.

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