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Can I not accept my "divorce" settlement offer or can I renegotiate it after it's been filed with the court?

Pasadena, CA |

Yesterday we filed a divorce settlement offer. But I am not happy, my ex is not responsible for lawyer fees and I want to change that and ask that he have to pay some. We are supposed to go in tomorrow to the court to sign the papers. I want to change that.

After I filed for Divorce, my ex attacked me then did not show up to the TRO hearing so then we had to go back 4 times in reference to the Restraining Order hearing. The costs added up a lot with my attorney, we would sit all day waiting for either my ex or the judge. I did not know that I could get the restraining order myself. I would like some help with the attorney fees or be able to sue him on the side for those fees. If I accept the Settlement offer I can not go after him for the fees, which I feel I incurred due to him. If he had not attacked me, we could have resolved this long ago.

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Attorney answers 3

Posted

You have your terminology messed up so it is hard to understand what you are asking.
Settlement offers are not filed with the court. Did you file a statement of position? A settlement conference statement which contains you position? What is the court date? A trial date? A settlement conference? Do you have an attorney? If you do, why don't you ask him/her? For anyone here to answer your question, it needs to be clearer and we need to know the context.

Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.

Asker

Posted

Last night after we left court I was very upset. I called, emailed and text my attorney and have not received any answer, only a bill. I am not the best at legal terminology. Yesterday we had a Mandatory Settlement Hearing put forth by the court. My attorney felt it was best we "settle" I offered to receive $40k with some benefits. Then he negotiated down to $30k with benefits. Which I accepted. I will receive 17k on June 1 and then $400 a month. till he receaches the 30k. The Judge listened then took our trial off the books and it was "filed", tomorrow I go in and sign the papers. But the problem is, that settlement does not include any assistance with attorney fees which are now 40k. When we go before the judge to sign the papers. Can I change the settlement? I know this might annoy the judge but I would like some help with the attorney fees.

Asker

Posted

So my question is. When I go before the judge tomorrow to sign the Settlement agreement, can I ask to renegotiate it?

Michael Charles Schwerin

Michael Charles Schwerin

Posted

You should really ask your attorney. I do not know the judge. I do not know what happened in your case to cause the fees to go so high. If you were the problem, the judge will not be happy if you refuse to sign and may force the settlement even lower. If the other side was the cause, then maybe you have a chance. Only you and your attorney can jointly make the decision what to do.

Asker

Posted

My ex attacked me and then didn't show up to the TRO trial so we had to go back 4 times...the cost added up because of trying to get a restraining order.

Michael Charles Schwerin

Michael Charles Schwerin

Posted

Talk to your lawyer.

Hillary Johns

Hillary Johns

Posted

Yes, it would be a good idea

Posted

With respect, you should be asking your lawyer that currently represents you.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

Thank you, I did, she is not answering me.

Posted

If you don't agree with the terms of a settlement offer, don't sign the settlement agreement. No one can force you to sign the agreement. As other responders to this question have stated, you're not entirely clear as to what kind of document you are talking about. Plus, it sounds like you have an attorney as you've indicated you want your ex to pay for lawyer fees. If you don't like the terms of the settlement offer you should let your attorney know. He or She will likely appreciate knowing that BEFORE you walk into the court room.

Asker

Posted

Thank you for you answer. I wrote them a nice letter last night asking what can we do since I am not happy with the terms. I just have not heard back.

Hillary Johns

Hillary Johns

Posted

Ms. Waxman is right. Don't go to court if you don't want to sign the agreement. It will affect you if you ask for attorney's fees.

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