Final Decree

[muhamm5]

What is the name of your state (only U.S. law)? Texas

Hi, My wife Petitioner filed a divorce in Texas,

We are done with Mediation Agreement, and already got our copies of agreement signed by her, her attorney Me, My Attorney and Mediator:

In mediation agreement i stated that "i will be not signing the decree and it will enter without my signature" acknowledge by both parties.
Both parties agreed that "Case will be proved up by affidivit and not live testimony"

Now after two months My wife attorney send a Draft of Final Decree to my attorney for approval in which they made several changes and terms & conditions documented in that draft are not the same what we agreed in Mediation Agreement, and all the wording are changed not beneficial for me.

I need Help... and advise..?


Question 1:
what will happen, if we dont anwer or respond back to my wife attorney for the draft thing cause its not agreeable for me. and they will be looking an answer from us (Also as i will be terminating my attorney), and i am planning not to respond to their answers or court notices. what will happen..?

Question 2: what is the legal position of the that Draft of final decree which is not agreeable for me, In case my wife attorney will present that draft in court.
Is the Judge is going to approve that draft , which is not the same as per Mediation Agreemnt, and we(Me or my attorney will not be signing it or responding them back).

Question3: In Case if that draft is a not approvable or Valid Document for Judge can my wife use Mediation agreement to get Final Divorce Orders from Judge \.

Question4: VERY IMPORTANT:

What will be the Judge decision is he going to Order Divorce by looking at Mediation Agreement duly signed by me, her and Attorneys.
OR
He will be looking at the draft of final decree wrote by my wife attorney(Not signed by me or my Attorney)

I believe i repeated the same question several time, simply want you to understand

will appreciate your helpWhat is the name of your state (only U.S. law)?

 

[ecmst12]

If you don't respond, then you won't get anything you want.

 

[majomom1]

If you do not respond, the Judge will NOT know that agreement is NOT the one you signed.

You need to respond to her attorney that this is not what you agreed to.

 

[Tex78704]

Your attorney should have already answered these.

If the Draft is incorrect, then your attorney needs to request the other attorney to make the necessary changes. This can go back and forth a couple of times until everyone is in agreement. If the attorneys cannot agree, then they both show up at the hearing to sign the proposed order and hash it out in front of the judge. Your attorney can then argue the proposed order conflicts with the mediated agreement and should be corrected. If the changes are small the judge may just cross out and make the corrections and sign it, otherwise it may go back for a rewrite.

Question 1: what will happen, if we dont anwer or respond back to my wife attorney for the draft thing cause its not agreeable for me. and they will be looking an answer from us (Also as i will be terminating my attorney), and i am planning not to respond to their answers or court notices. what will happen..?

If you or your attorney do not show up when the proposed order is submitted for the judge to sign, and it is signed, that order will stand. And you will be bound to the terms of that order as written, not the the terms of the mediated agreement. And it will not matter that you did not sign the final order.

 

[muhamm5]

Your attorney should have already answered these.

If the Draft is incorrect, then your attorney needs to request the other attorney to make the necessary changes. This can go back and forth a couple of times until everyone is in agreement. If the attorneys cannot agree, then they both show up at the hearing to sign the proposed order and hash it out in front of the judge. Your attorney can then argue the proposed order conflicts with the mediated agreement and should be corrected. If the changes are small the judge may just cross out and make the corrections and sign it, otherwise it may go back for a rewrite.



If you or your attorney do not show up when the proposed order is submitted for the judge to sign, and it is signed, that order will stand. And you will be bound to the terms of that order as written, not the the terms of the mediated agreement. And it will not matter that you did not sign the final order.

Goals are

1. I DONT want me or my attorney to sign the Final Decree, & Neigther appear in writing"APPEARANCE" anywhere in final decree document (Religous reasons),

2. At the same time I want Court to order Divorce based on agreed Mediation Agreement and not the final decree drafted by them.

what do you recommend to achieve both

 

[mistoffolees]

Goals are

1. I DONT want me or my attorney to sign the Final Decree, & Neigther appear in writing"APPEARANCE" anywhere in final decree document (Religous reasons),

2. At the same time I want Court to order Divorce based on agreed Mediation Agreement and not the final decree drafted by them.

what do you recommend to achieve both

This was already answered. You need to object to the version created by stbx's attorney.

 

[LdiJ]

Goals are

1. I DONT want me or my attorney to sign the Final Decree, & Neigther appear in writing"APPEARANCE" anywhere in final decree document (Religous reasons),

2. At the same time I want Court to order Divorce based on agreed Mediation Agreement and not the final decree drafted by them.

what do you recommend to achieve both

I don't believe that there is any way that you can achieve both.