If you aren't comfortable with the terms of the settlement agreement, don't sign it. That being said, make sure you understand what it is that your lawyers are encouraging you to accept. What may seem like a major term of the contract in your eyes may not be a critical term in the eyes of the law. I encourage you to consult with your attorneys and ask them to explain the importance of the terms that are being edited out. Best of luck.
You may be worried over nothing or you may have valid concerns....hard to evaluate without hearing more about your concerns as compared to the terms of the settlement. My advice is for you to hire another attorney and explain your concerns so he/she can evaluate whether there is "real" concern or just anxiety that is not that important in the overall scheme of evaluating whether your settlement is worth accepting or blowing it up over a trivial matter.
This is not intended to be giving legal advice and this topic can be a complex area where the advice of an attorney should be obtained.
An attorney can't enter a settlement agreement in your case without your consent. They can, however, advise you to accept an agreement, and they can even ask to withdraw from representing you if you refuse (or otherwise don't follow their advice).
If you're concerned about your soon-to-be-ex-spouse suing you in the future, you should be aware of a couple of facts: First of all, the property division terms of a divorce judgment cannot be modified under Oregon law. Once property is divided, it's done. Second, exactly the opposite is true of child support and spousal support: these can be modified upon a showing of substantially changed economic circumstances. There's really nothing you can do to prevent an ex-spouse from suing to modify these types of support if they're ordered.
Most settlement agreements contain a provision that states that the judgment is intended by the parties to settle all claims that either of them may have against the other as of the time of signing. If you're concerned about future suits, you should have your attorney make sure such a term is included. But there's nothing you can possibly do to stop someone from suing you for things that haven't happened yet.
In conclusion: Take your concerns to your attorney. Make sure they listen to your concerns, and make sure you listen to their advice. If they won't listen, you're free to find another attorney instead. Just don't expect miracles. Remember, a good compromise usually leaves everybody mad. We compromise because the alternative may be worse.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: www.northwestlawoffice.com
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