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I just went through divorce mediation, well I think here in…

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I just went through divorce...
I just went through divorce mediation, well I think here in NM it's facilitation. But a memorandum was signed at the end by all parties to be submitted to a judge. Now my ex is saying she is going to contest the agreement since it hasn't been filed. Can she do this? It been almost a month. I signed she signed why hasn't it been filed? Or is she full of smoke? Help! My lawyer is already gone for the day and I'm not going to be able to sleep in this.
Submitted: 8 months ago.Category: Family Law
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Answered in 9 minutes by:
9/19/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,176
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It is not impossible for her to back out BUT - She is mostly full of smoke.

Once the agreement is reached it is binding unless she can demonstrate (1) she was incompetent to agree ( mental illness or under the influence of a substance) or (2) she was not properly represented by counsel or (3) Fraud, (4) material mistake of fact.

If she had counsel and they had opportunity to review and discuss the agreement #2 will not likely work. If she did not have counsel and she stated on the record that she was knowingly and voluntarily waiving counsel then # 2 will not work.

The fact that the agreement has not yet been filed is not the issue. The issue is whether or not she knowingly and voluntarily entered into the agreement.

As for #3 - Fraud. If she can show that you intentionally misrepresented any material issue she can attack the agreement on the basis of fraud.

In regard to #4 - this is a difficult basis to challenge the agreement especially when represented. It requires a justification as to why she did not know or could not know the material fact that she claims she was unaware of.

She may be able to seek some modification, but the likelihood is that if she was represented and the agreement is in keeping with the standards she will not be successful -- AND she may attract the ire of the Court.

See:

http://law.justia.com/cases/new-mexico/supreme-court/1979/12011-0.html

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 8 months ago
Thank you. ***** due her for future legal fees if she tries? What are my options?
Customer reply replied 8 months ago
Sue*
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

If she tries to alter the agreement and fails then you can ask for attorneys fees and sanctions. The Court will have to decide whether or not to grant those sanctions. It will depend on how reasonable the agreement is and how unreasonable the court believes she is being.

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