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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10014
Experience:  Experienced Family Law Attorney
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My ex and I recently went through mediation her lawyer was

Customer Question

my ex and I recently went through mediation her lawyer was present as well and we agreed on everything , now she is stating that she is furious and will not sign the final decrees cause she wants more money and that her and her attorney can over turn our rule 11 my lawyer is done messing ith her and basically said don't worry she signed it agree and we had the revocation clause put in since she has done this so many times before mediation but she has gotten away with everything else I am looking for re assurance that she cant drag this out any further that's all
JA: Family law varies by state. What state are you in?
Customer: Texas , her situation has not changes she simply wants more that's what she does when ever she breaks up with a boy friend or gets tired of working or even I have a place to live she pulls this
JA: Have you talked to a laywer yet?
Customer: I spoke ot my attorney this morning , he is tired of dealing with her we were supposed to have our final hearing weeks ago but they kept dragging their feet . I have been keeping the kids while she works so she doesn't have to hire a baby sitter etc etc , but because she thinks I have more than her here we are . he is confident that we are very well covered but yet we should have been done months ago and every time he says the law is on my side yet she seems to be able to do what she wants and all it does is hurt the kids
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that's it I just need a impartial answer to the reality of her being able to do this
Submitted: 12 months ago.
Category: Family Law
Expert:  LegalGems replied 12 months ago.

I am sorry to hear this; it is frustrating when one party continues to drag their feet; so to clarify, there was a signed settlement agreement, and it stated that it was non revocable? Also, was her attorney present for the mediation?

Customer: replied 12 months ago.
It was non revocable since she agreed 3 times before mediation then changed her mind her attorney was there all parties signed
Expert:  LegalGems replied 12 months ago.

I'm sorry- I see that her attorney was.

Generally, a mediated settlement is binding and the court will incorporate it into the order. There are grounds for voiding the agreement, but these require such things as:

undue influence

failure to disclose assets/income

fraudulent behavior

It is hard to argue undue influence when one's attorney is present.

Normally if a party unreasonably refuses to comply with a signed agreement, the court can impose sanctions- it is best if that is included in the agreement, but if it is not the judge still has the ability to award sanctions-such as attorney fees incurred as a result of a frivolous challenge to the agreement.

The judge will also get frustrated if one party is unreasonably frustrating settlement, so normally the attorney will document this by submitting a declaration detailing the number of times of past similar issues, to help persuade the judge to make an aggressive ruling that allows for recovery of attorney fees in defending meritless challenges.

Since there is a young child involved, it is also a good idea to ask for future attorney fees in the event of frivolous challenges. The court is more likely to award fees if there is a warning in the order re; future challenges.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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