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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husband in which Im in the process of divorcing has asked

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My husband in which I'm in the process of divorcing has asked me to sign a paper with him that will say that he will give me my two businesses ,my stuff in house , basically ask me for nothing and promises to give me a divorce if I agree to 6 months of counseling with him. He has not been being very cooperative and will not sign temporary orders. He wants to give his proposal to our attorneys. Can this work if I don't go back or can he change is mind and not go through with deal. I'm texas resident.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. If you are going through with the divorce, why does he want 6 months of counseling? Would this be a condition to and be the divorce proceeds, to try and save the marriage? Are you both sharing an attorney?

Customer: replied 4 years ago.

We are not sharing an attorney. He does not want the divorce and has asked that I put the divorce on hold for six months and attend two sessions a week with a christian counselor. After the 6 months if I still feel the same way he will give me his 50% of the business and sign the divorce papers and proceed with the divorce. My question is ...could that truly be a legal binding contract.

Yes, it could be. As long as you act in good faith, attend/participate in the counseling, it could be a condition to the divorce, which would entitle you to the things which he promised. Any agreement between the parties, could be binding, as long as it is fair and reasonable. In a situation like this, if you have something in writing and can show the Judge that you complied as agreed, it should be enforceable. A party can not lie and trick the other to do something and then not comply with their obligation, which the agreement was conditioned on. Of course, get something in writing, have it reviewed by your attorney and signed by both you and him, to evidence the agreement. Moreover, your attorney could be proactive and draft the divorce papers and have him review them, so after the 6 months, if nothing is resolve, he can sign and you can proceed.
Customer: replied 4 years ago.

He has some mental issues. Could he say at the end of the six months that he was mentally incompetent when he signed it? That is my biggest concern. Do you practice law in Texas?

He could say that but the burden would be on him, at the time, to evidence that. Moreover, if he signs it and he has an attorney, it is going to be hard for him to claim that he did not know what he was doing. Your attorney will protect your interest and make sure that what he signs, is legally binding. I am not currently practicing in Texas, at this time.
Hi. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.

Are you saying that the information you provided would apply to Texas law?

Yes, that is correct.
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