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How can I revocate my forced but signed mediation agreement?

Beaumont, TX |
Filed under: Divorce mediation

My att. told me she would withdraw from my divorce w/ children if i did not agree to the terms of the divorce. She clearly understood that it was not what I wanted and verbily communicated it to me in the mediation office. She said I dont have $5,000 to take it to trial. So.. leaving me w/ no other options ...so I thought! what can I do? My attorney withdrew and did not file the final decree.

Beaumont ,Texas

Attorney Answers 4

Posted

You need to file a motion to revoke mediated settlement agreement and set a hearing so the Judge can hear the situation. Under the facts presented, this will probably be denied and a decree entered along the lines of the settlement. If the decree is already done, you have to file a motion for new trial within so many days, but again, it is highly unlikely to succeed. Unfortunately, it sounds like the hard truth was given to you late in the game, and you accepted it as stated by signing the agreement. You should have (and I know hindsight is 20/20) not signed the agreement and just gone to trial. Many times you end up worse than if you just settle, but at least you would have had your day in court.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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Asker

Posted

What about modification of visitation? Week to week with an unresponsible sex addicted drunk and the girlfriend being a 12 yr. self confessed dope shooter that allows the 10 y old to see the 8 and 6 yr old do their homework and be a baby sitter MAKES ME ILL. The kids need more time w/ me so they can concentrate on school in a clean loving & guided enviornment.

Christopher Jay Harding

Christopher Jay Harding

Posted

That is a possibility... she might even agree to it if she can avoid child support. The issue with any option is trying to show what is different now than when you signed the agreement. It can be done, even pro se, but it is much much easier with an attorney.

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Posted

I think you may be a little careless in your phraseology. It doesn't sound like you were forced. It sounds like you were told some unpleasant facts by your attorney. Now, did they hang you out to dry, so to speak? Maybe. But, you weren't forced to agree to something. You could have refused to sign, fired the attorney, and retained new counsel. But, you didn't. Getting a settlement rescinded will be tough. What, exactly, are you looking to have changed?

This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

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Asker

Posted

I dont know law. My childrenare made to wake very early an hour away from their school. Five minute drive from my home. Week to week is NOT what I told her I wanted for the children. During the school week and go to their dads on the weekend. The husband quit working so he would not pay child support.His main motive! the house went into forclosure 2 weeks prior to mediation. My attorney was banking on the sale of the home to be compensated for the complex situation. Attorney said that she is tired of this case and is ready for it to be over!! Hint hint... I did not pay her to give him what he wanted and to forget about the childrens chaious among heavy drinking and meth use by their father and his girlfriend not to mention the orgys with children in the same house! what could i do w/out an attorney and the $2500 to hire a new one? Some attorneys truely are cold cruel & crooked and take advantage of those of us who dont know what options we have . Being told NOW that I could have fired her and retained her is for those informed of their options.

Asker

Posted

money talks and that is so sad for ALL children caught in the middle!

Michael J Corbin

Michael J Corbin

Posted

Nothing you've said, however, is leading me to believe that you were forced to do anything. Just because you don't have money to alter your situation doesn't mean that someone is forcing you into agreeing to something that you really don't want to agree to. I still think you'll have a hard time proving your contention, and I agree with Mr. Harrison, below, that the law strongly favors the settlement.

Posted

I would add that because the law strongly favors the enforceability of MSAs, you will essentially have to prove fraud, duress, or mental incapacity ito the court's satisfaction n order to have the MSA set aside. It is a difficult burden to meet.

The foregoing is offered for informational and educational purposes only. No attorney client relationship has been established and you should consult with an attorney to obtain specific legal advice.

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Posted

My attorney withdrew from this case anyway. Still final decree has not been filed. What happens now?

Curtis W. Harrison II

Curtis W. Harrison II

Posted

If the other side does not file a Motion to Enter the MSA, eventually the court will dismiss the case.

Posted

Down here in this area, the mediated agreements are enforced, but under your situation, you may have grounds to request that it be set aside. You probably need a local attorney for this - and yes, trials are expensive so that was not a trick.

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