How can I revocate my forced but signed mediation agreement?

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, TX -

Attorney Answers (4)

Christopher Jay Harding

Christopher Jay Harding

Divorce / Separation Lawyer - Dallas, TX
Answered

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... more
Curtis W. Harrison II

Curtis W. Harrison II

Divorce / Separation Lawyer - Plano, TX
Answered

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... more
Jonathan Lee Stovall

Jonathan Lee Stovall

Family Law Attorney - Beaumont, TX
Answered

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.

Michael J Corbin

Michael J Corbin

Family Law Attorney - Faribault, MN
Answered

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... more

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