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We signed mediation agreement, now husband wants to make changes.

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What is the name of your state (only U.S. law)? Texas
My husband and I went to divorce mediation and signed an agreement. The agreement says in bold letters this agreement is without revocation. My husband now refuses to sign the final divorce decree so we can go to court and have divorce finalized. My husbands atty sent my atty a list of things on the mediation agreement that my husband wants to change. My atty sent a letter to the court asking for a court date for a contested divorce. What will happen in court? I thought once the agreement was signed it was binding? Why do we now have to go to court for contested divorce? Will the judge put the agreement into effect or will we actually have to have a trial? At first i wanted to drop my divorce suit, but after very careful consideration I know I cant, and my husband did file suit also(divorce response) so I cant stop anything without my husbands approval. Please help.
I know I have several posts that are quite bizarre, but the whole marriage was bizarre, and it would take forever to explain everything. I just need some answers please. I feel bad about my divorce, but its very necessary. I appreciate everyones answers.
 
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Proserpina

Senior Member
I'm not going to check your post hx at this point, because I just have one question.

What did your attorney say when you asked these questions?
 
He said that is not sure what will happen because he has never had this situation happen before, so he set it for a contested divorce trial. That's why I'm on here asking. My history really does not matter at this point, I just need to know what happens in this situation. Please help.
 

Proserpina

Senior Member
He said that is not sure what will happen because he has never had this situation happen before, so he set it for a contested divorce trial. That's why I'm on here asking. My history really does not matter at this point, I just need to know what happens in this situation. Please help.



Are you telling us that your attorney can't tell you what happens during a divorce trial?

:confused:

You expect a group of strangers on the Internet to know better than your attorney - who knows your case? :confused:

Maybe you need a different attorney.
 
My atty knows what happens during a divorce trial, he just has never had someone refuse to sign a decree after signing a mediation agreement.
 
Are you telling us that your attorney can't tell you what happens during a divorce trial?

:confused:

You expect a group of strangers on the Internet to know better than your attorney - who knows your case? :confused:

Maybe you need a different attorney.

Maybe I do need a new attorney, but for now this site is all I have. Please help
 

Proserpina

Senior Member
Maybe I do need a new attorney, but for now this site is all I have. Please help



Hon, I don't think you're understanding.

You have an attorney who knows your case - nobody HERE knows your case.

Your attorney knows what the possibilities are - we can't really address all of those possibilities.

There could be delays, continuances, hearings; it might last days, months or even years.

We can't guess.

That's why I'm saying you need to speak with your attorney.
 
Hon, I don't think you're understanding.

You have an attorney who knows your case - nobody HERE knows your case.

Your attorney knows what the possibilities are - we can't really address all of those possibilities.

There could be delays, continuances, hearings; it might last days, months or even years.

We can't guess.

That's why I'm saying you need to speak with your attorney.

Thank you, I appreciate your replies. I will go by the office today and ask again.
 

Proserpina

Senior Member
Thank you, I appreciate your replies. I will go by the office today and ask again.



Actually stopping by the office is often the BEST thing you can do even when the attorney has a full schedule that day.

So many posters here won't do that. Sure, they'll send a few emails, make a few calls - but very few will actually do the footwork.

Good for you, lady! :)
 

mistoffolees

Senior Member
Hon, I don't think you're understanding.

You have an attorney who knows your case - nobody HERE knows your case.

Your attorney knows what the possibilities are - we can't really address all of those possibilities.

There could be delays, continuances, hearings; it might last days, months or even years.

We can't guess.

That's why I'm saying you need to speak with your attorney.

Not to mention - the attorney knows the judge.

So much depends on how an individual judge will react in unusual situations.

I'm curious, though, why the attorney didn't file an uncontested divorce. If the mediation was supposed to be irrevocable, why not treat it as such, even without stbx's signature?
 

Proserpina

Senior Member
Not to mention - the attorney knows the judge.

So much depends on how an individual judge will react in unusual situations.

I'm curious, though, why the attorney didn't file an uncontested divorce. If the mediation was supposed to be irrevocable, why not treat it as such, even without stbx's signature?


I'm quoting another member:

"Texas is weird".

That's all I have, misto. Less than nothing, in other words.
 
Not to mention - the attorney knows the judge.

So much depends on how an individual judge will react in unusual situations.

I'm curious, though, why the attorney didn't file an uncontested divorce. If the mediation was supposed to be irrevocable, why not treat it as such, even without stbx's signature?

I dont know either, but thats what my atty did. I dont get it.
 

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