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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11844
Experience:  19+ Years of Legal Practice in Family law matters.
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Can I get you again?

Resolved Question:

Can I get you again?
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, sure. What's up?
Customer: replied 1 year ago.

Hi Well we went to madiation and the mediator was slick. And I signed one thing and wound up with something else. I called the mediator that same day and said Iwas not happy. He assured me everything would be fixed in the final decree. So I went oto her lawyers office and it was worse. I called and went to the mediation center and the mediator and they both jerked me around. We mediated on Jan. 14 and the papers didn't get to the mediation center until Feb. 7 so Ididn't get the opportunity to recant. We had court scheduled and her lawyer cancelled it. I called the judges office and the told me it looked like it would be rescheduled for Feb. 24 meanwhile on Feb. 14 her and her lawyer went court without notifying me and got the divorced signed by a different judge. So yesterday she came to get her stuff but said the rest was my problem including my quitclain deed and a lot other items she was supposed to return to me. The cops escorted her away because you have to do that on a weekday. My question is do I have to let her have her stuff tommorrow if she dont give me mine. Can I get this mediation thrown out. I had an attorney look at it and she didnt know though she found 3 major flaws in it like wrong year date and did not notarize my wifes signature. I just don't know what to do anymore.


Thanks


Danny

Expert:  AlexiaEsq. replied 1 year ago.


Hi Well we went to madiation and the mediator was slick. And I signed one thing and wound up with something else. How can you sign one thing and it end up being something else? Did someone forge signature?

I called the mediator that same day and said Iwas not happy. He assured me everything would be fixed in the final decree. So I went oto her lawyers office and it was worse. I called and went to the mediation center and the mediator and they both jerked me around. We mediated on Jan. 14 and the papers didn't get to the mediation center until Feb. 7 so Ididn't get the opportunity to recant. Why recant? Change your mind?

We had court scheduled and her lawyer cancelled it. I called the judges office and the told me it looked like it would be rescheduled for Feb. 24 meanwhile on Feb. 14 her and her lawyer went court without notifying me and got the divorced signed by a different judge. Was this a hearing date where the parties were supposed to appear? Or just the putting through by the lawyer of the divorce, if all papers were signed by both parties?

So yesterday she came to get her stuff but said the rest was my problem including my quitclain deed Meaning what? She is supposed to quit claim something to you? Can you clarify what you are talking about?

and a lot other items she was supposed to return to me. The cops escorted her away because you have to do that on a weekday. Do what on a weekday? Did she bring the cops or did you call them?

My question is do I have to let her have her stuff tommorrow if she dont give me mine. If your order says you must, then generally you must or you can be in violation of court order. However, the only way she can get you "into trouble" for not giving it to her is by motion to the Court, and your opposition could then include a Cross Motion against her for the same thing...

Can I get this mediation thrown out. Probably not. You are already divorced.

I had an attorney look at it You are supposed to do that before you sign the contract, not after.

and she didnt know though she found 3 major flaws in it like wrong year date and did not notarize my wifes signature. If your wife didn't notarize then you should be able to refute that! I just don't know what to do anymore.
If you want the divorce vacated, Talk to a lawyer about the possibility of filing a motion to vacate or re-open based on the fact that the mediation agreement was not notarized. But, if you just want the terms enforced, like getting your stuff, you may want to file a motion to enforce, and ask that if she doesn't hand over the stuff on XX date, at XX mutual location, that she be subject to the fair market rental cost, per day, for such an item(s), that you can later file to have it ordered as a money judgment. Sometimes money talks.

I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



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Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.

Customer: replied 1 year ago.

I wanted to recant because when we were working on page 10 they went back to page 2 and made changes and the removed it. I was very clear about what I wanted and the mediator just lied. The original I signed said no agreement was met but the mediator marked thru it and marked an agreemant was met. But I was willing to take it on the chin to keep my kids out of court and now she is pulling this crap.

Expert:  AlexiaEsq. replied 1 year ago.

I wanted to recant because when we were working on page 10 they went back to page 2 and made changes Handwritten changes? How do you mean? and the removed it. Removed what?

I was very clear about what I wanted and the mediator just lied. What do you mean lied?

The original original WHAT? I thought you are talking about the agreement. But now you are saying that the page you signed was simply a statement that said no agreement was reached? Did you keep a copy so it couldn't 'disappear' if in someone's hands who doesn't want it to exist?

I signed said no agreement was met but the mediator marked thru it and marked an agreemant was met. Really? That will look fishy just like that anyway. They can't start crossing things out, there is no way to know if it was agreed to as crossed out if you didn't at least "initial".

But I was willing to take it on the chin to keep my kids out of court and now she is pulling this crap.
Meaning what, take it on the chin? Agree to the "new" version? IF you did agree, regardless of the reason, you are likely bound. If you didn't, and can call it into question... possibly you can get it kicked out.
Customer: replied 1 year ago.

Yes handwritten changes written by her lawyer not the mediator. I have 2 copies of the agreemant . One says no agreement and the other it is marked thru and and an agreemant was met. I didn't initial the change. I was willing to just let it be and go ahead and settle but I never told them that. This has been hard on my kids and I want it to end. But my plan was to show the judge what I have and tell him what happened but they went around it.

Expert:  AlexiaEsq. replied 1 year ago.
If your divorce went through based on what may be a fraud on the court by the other lawyer, consider looking into that motion, above - and let the Judge know exactly HOW that divorce (and the decree terms) were NOT agreed to and that the other lawyer submitted a false agreement, clearly without your agreement.
Customer: replied 1 year ago.

Can the cops force me to give her the stuff at this point? I have not got a copy of the final decree. I went to the courthouse and the said its not in the system yet.

Customer: replied 1 year ago.


u didnt answer my last question and have already billed me

Expert:  AlexiaEsq. replied 1 year ago.
Sorry, I didn't get notice of your new post til now.

No, I am not a biller, so I have not billed you anything. Nor have I been given credit for providing the time spent with you thus far.

Moreover, I did not get notice that you posed an additional question. (Note that it is a new question, somewhat. Your original question that I did answer, in fact more than one, was entirely different then the law on whether a police officer can force you to hand it over. But, I will touch on this so you need not wait til tomorrow or put into a new post this time. Just try to remember in the future, that it is intended to be one question/issue per thread, so we can maintain the integrity of your chose transaction (and so I do not get into trouble). I know it is easy for it to change and morph as more thoughts come to mind as we interact on the original issue, but I am somewhat obligated to place limits at some point. Thanks for understanding.)

Can the cops force me to give her the stuff at this point? Generally NOT. Typically, they'd need a levy type order, like a garnishment order. Not just the divorce decree saying, "she gets ABC." As of now, it is a civil decree.

I have not got a copy of the final decree. I went to the courthouse and the said its not in the system yet.
Soon I suppose. Then you can read it and see if it should be moved for a re-open of the divorce or vacating of the order.

Hope this helps! And please don't forget to rate. Thanks!
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11844
Experience: 19+ Years of Legal Practice in Family law matters.
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AlexiaEsq.
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19+ Years of Legal Practice in Family law matters.