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What happens if I am not agree with the final PROPOSED Judgment that my husband's lawyer wrote in our divorce?Can I change it?

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What happens if I am not agree with the final PROPOSED Judgment that my husband's lawyer wrote in our divorce? Can I change it. also i would like to know what happens if my husbands is not agree with my proposed Judgment?

We are fighting for the price of the house and the credit card. My husband does not want to pay an appraiser, jointly. He valued our house at a price lower than mine. Besides, He does not want to sell his part to me, but HE wants to get my rights of the house at lower value. I mean that we both want to keep the house, separately. He proposed to give me $ 50,000.00 in exchange for my rights but I proposed to give Him the same value $ 50,000.00 that he is offer me ( if he believed that this is the fair value he can not refuse)

and therefore I would get the house, but obviously he refused to accept it. I dont know if It is possible to find a mediator in court or someone to help with this process ?, because the lawyers can not be agree in this issues? Additionally my ex Husband refuses to pay me 50% of my credit card $ 1,450.00 and he proposes that each one pay their own debts ... but the credit card of him is only $600.00. There anything I can do? Can anyone mediate in this? can anyone take a overlook of this final agreement that my husband's lawyer wrote? I am in the last step and I need to be sure that everything in this document is correct? I don't trust in my lawyer.

Attorney Answers 3


  1. Best answer

    It sounds as though your relationship with your attorney is breaking down, possibly due to a lack of meaningful communication/understanding of the law. The courts generally have a list of mediator's and you might suggest to your attorney that he/she have the issues which you are not in agreement with, mediated. It sounds as though a neutral person [mediator] would be of benefit at this point. Since you have reached the point of review on a proposed settlement/judgment, it is pretty late in the game to change attorneys - unless there is a toal breakdown of the attorney client relationship.


  2. Bottom line if you do not have trust and confidence in your attorney you should consult with another attorney and determine if you need to switch. I do get concerned in that it sounds like you could be in your last steps and sometimes switching horses at this late date may not make sense. You have the intelligence to identify what you like and do not like about the agreement. Alternative is to take into your attorney a specific punch and determine if you can move forward in the direction you want with your existing attorney. Some of your questions seem rather basic and believe could be taken care of by your existing attorney. An appraisal takes all the guess work out of the value of your residence. Debts assumed by each should be equalized and then could be further equalized through the value of your residence. Good luck


  3. In a divorce there are two roads to resolution: settlement or trial. The proposal is a first step in negotiations. Consider it an opportunity to know what your husband is thinking. If you have different ideas, the next step is a counter-proposal. Ultimately, think of it as a conversation about settlement. A mediator can help you when the conversation gets difficult because your views are different. If you have an attorney, your attorney can help you answer these questions.

    lMs. Amaya's response does not create an attorney client relationship. Such relationship is ONLY created when a formal written retainer and fee agreement has been signed with Ms. Amaya. This post provides general information and does not constitute legal advice and no attorney client relationship results from this post. If you would like to contact me to discuss a free consultation, please contact me at 626-441-2473 or at my website at Ltafamilylaw.com

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