Community Property?

[ladynothappy]

Divorce decree is signed by my self and my atty only. We have not gone to court yet. The judge has not signed anything.

 

[ladynothappy]

In her other post she signed the divorce was SIGNED by the judge and the divorce was final. So therefore it is too late for her to revoke it.

I never said the divorce was signed by a judge, i said the decree was signed by myself and my atty. we have not gone to court yet. Also a mediation agreement was signed, by myself and my husband. Divorce is not final, a court date has not even been set.

 

[Ohiogal]

I never said the divorce was signed by a judge, i said the decree was signed by myself and my atty. we have not gone to court yet. Also a mediation agreement was signed, by myself and my husband. Divorce is not final, a court date has not even been set.

You said this:

Divorce decree was signed yesterday an its on the way to his atty. Help.

You are not going to get this overturned because YOU agreed to it. YOU signed the decree.

 

[ladynothappy]

You said this:


You are not going to get this overturned because YOU agreed to it. YOU signed the decree.

Right decree was signed by me any my atty, and its on the way to his atty. I never said a judge signed anything.

 

[mistoffolees]

They have never lived together and we don't know why they have never lived together. Therefore I would at least run it by an attorney.

I gave you the rules for annulment in Texas. I'm still waiting for you to explain what grounds OP can legally use.

No one is interested in your view that they should be able to get an annulment simply because they didn't live together. First, that's not one of the grounds for an annulment. Second, a lot of happily married couples don't live together - sometimes living at completely opposite ends of the country. I presume it's not easy, but people do it. Just living apart doesn't mean that they were never married - especially since "we never lived together" doesn't mean that "we never consummated our marriage" (but even if it did, THAT isn't one of the grounds for annulment in TX, either.

You are not going to get this overturned because YOU agreed to it. YOU signed the decree.

My understanding is that OP signed a mediated agreement and sent it to stbx's attorney. It has not yet been signed by a judge, so it is not a decree.

IF the other attorney has not yet signed it or submitted it to the judge, OP MAY be able to have her attorney withdraw the offer.

However, that is likely to be a foolish waste of time. If they do that, any chance for mediation goes out the window and they're going to have to litigate everything - which is likely to cost a lot more than 1/2 of the appreciation on the house for a couple of years.

 

[LdiJ]

I gave you the rules for annulment in Texas. I'm still waiting for you to explain what grounds OP can legally use.

No one is interested in your view that they should be able to get an annulment simply because they didn't live together. First, that's not one of the grounds for an annulment. Second, a lot of happily married couples don't live together - sometimes living at completely opposite ends of the country. I presume it's not easy, but people do it. Just living apart doesn't mean that they were never married - especially since "we never lived together" doesn't mean that "we never consummated our marriage" (but even if it did, THAT isn't one of the grounds for annulment in TX, either.



My understanding is that OP signed a mediated agreement and sent it to stbx's attorney. It has not yet been signed by a judge, so it is not a decree.

IF the other attorney has not yet signed it or submitted it to the judge, OP MAY be able to have her attorney withdraw the offer.

However, that is likely to be a foolish waste of time. If they do that, any chance for mediation goes out the window and they're going to have to litigate everything - which is likely to cost a lot more than 1/2 of the appreciation on the house for a couple of years.

Misto, since when does saying "run it by an attorney" constitute an opinion?

I had no opinion at all as to whether or not an annulment was possible...and of course now that OP has stated that her attorney already ruled it out, I defer to her attorney.

However, if a situation is odd, as this one is, there is no harm in running something by an attorney...just to make sure that its not an option.

Are you ever so certain of your position on something that you would advise someone NOT to run an idea by their attorney in an odd situation?...based on only your say so?

 

[ladynothappy]

You have to accept what has occurred and move on.

You can beat your head against the wall, appeal, file Motions - feel free.

I have never seen a Judge NOT approve a mediation agreement which has the statement "This agreement is non-revocable" in obvious form, and is signed.

I am a pro bono atty-mediator for Dispute Resolution Services, so I am aware of many disputed mediation agreements. So far, all our DRS agreements have been held to be valid and enforceable. Some are disallowed, but they are few and far-between, with stronger facts than yours.

How much money are you agonizing over ?

About 25,000

 

[ladynothappy]

I gave you the rules for annulment in Texas. I'm still waiting for you to explain what grounds OP can legally use.

No one is interested in your view that they should be able to get an annulment simply because they didn't live together. First, that's not one of the grounds for an annulment. Second, a lot of happily married couples don't live together - sometimes living at completely opposite ends of the country. I presume it's not easy, but people do it. Just living apart doesn't mean that they were never married - especially since "we never lived together" doesn't mean that "we never consummated our marriage" (but even if it did, THAT isn't one of the grounds for annulment in TX, either.



My understanding is that OP signed a mediated agreement and sent it to stbx's attorney. It has not yet been signed by a judge, so it is not a decree.

IF the other attorney has not yet signed it or submitted it to the judge, OP MAY be able to have her attorney withdraw the offer.

However, that is likely to be a foolish waste of time. If they do that, any chance for mediation goes out the window and they're going to have to litigate everything - which is likely to cost a lot more than 1/2 of the appreciation on the house for a couple of years.

My atty prepared the final divorce decree and i read over it and signed it. It was sent to my husbands atty for his signature and his atty signature then once thats done a court date will be set to have the divorce granted.

 

[garrula lingua]

Y'all signed a Mediation Settlement Agreement.

It doesn't matter whether there's a Decree signed by the Judge.

The Mediation Settlement Agreement terms will be within the Decree; the Agreement is binding from the time y'all signed.

You should be bound by the Mediation Agreement.

After all sign the agreed Divorce Decree, there is only a 'prove-up' hearing - there are no contested issues.

 

[mistoffolees]

Misto, since when does saying "run it by an attorney" constitute an opinion?

I had no opinion at all as to whether or not an annulment was possible...and of course now that OP has stated that her attorney already ruled it out, I defer to her attorney.

However, if a situation is odd, as this one is, there is no harm in running something by an attorney...just to make sure that its not an option.

Are you ever so certain of your position on something that you would advise someone NOT to run an idea by their attorney in an odd situation?...based on only your say so?

It's not an odd situation. The law is crystal clear and there was absolutely nothing suggesting that she could get an annulment. If she followed your advice, she wasted $300 for absolutely nothing.

 

[LdiJ]

It's not an odd situation. The law is crystal clear and there was absolutely nothing suggesting that she could get an annulment. If she followed your advice, she wasted $300 for absolutely nothing.

Of course its not an odd situation...lol...a married couple not living together, ever, for 3 1/2 years is totally normal.

 

[mistoffolees]

Of course its not an odd situation...lol...a married couple not living together, ever, for 3 1/2 years is totally normal.

Lots of people do it. It is certainly not grounds for an annulment.

 

[ladynothappy]

You said this:


You are not going to get this overturned because YOU agreed to it. YOU signed the decree.

My husband now refuses to sign the divorce decree and his atty sent my atty a list of changes to the mediation agreement that my husband wants to make. Since we both signed the agreement it will be put into effect correct by the court correct?