QUESTION
Can my husband and I draw up our own temporary agreement so we can focus more on the children?
Asked on Mar 18th, 2014 on Divorce - California
More details to this question:
My husband and I are divorcing and over $60,000 even before having a temporary hearing. His lawyer does not tell him to communicate with me but we have children and are trying to do what is best for them. We want to take a reprieve from the madness to focus on kids and help get them through this with therapy and our mutual support. There is a court order keeping him from the home but we both would like that removed so he can visit regularly with permission. How can we draw up our own temporary agreement and remove court order yet preserve all of our rights going forward with the divorce? It is a contentious divorce right now and neither one of us want that. His attorney does and has threatened to quit multiple times if my husband doesn't do exactly what the attorney says.
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Then your husband should tell the lawyer to quit and get a new one. I don't know if there is a legitimate reason for it being contentious to begin with, but the lawyer works for the client, not the other way around. So it should be a matter of your husband telling the attorney what he wants, not the other way around.
Answered on Mar 19th, 2014 at 10:13 AM
Yes, you can draw up your own agreement and ask the Court to honor what you have agreed to. Have you considered Mediation. Mediation is fast, effective and affordable. Check it out. You may be surprised how well it can work for you.
Answered on Mar 18th, 2014 at 3:15 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Private agreements about children are not legal. You need to go back to court to have any restraints removed. You can do that by an agreed motion and order. You must have brought something against your husband to have him restrained. So you can agree to end the restraints but a judge must sign it to be legal. Otherwise your husband is violating a court order. Attorney's are the agents for their clients not the other way around. You have no way of knowing what his attorney is saying or doing. If your husband doesn't like his attorney, he can always find another one. You say nothing about your own attorney. If you don't have one, I suggest you get one since the problematic restraints came from you and that can certainly add significantly to the contentious nature of the divorce.
Answered on Mar 18th, 2014 at 3:14 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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it sounds to me like you need new attorneys. I applaud you for thinking more about your children than anything else. It is nice to know there is sanity in this world of divorce. you and your husband can fire your attorneys and draw up your own agreement to be presented to the Judge for signature.
Answered on Mar 18th, 2014 at 11:29 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You may need to speak with a different attorney. A court Order may only be removed/revoked/repealed by the court that issued it.
Answered on Mar 18th, 2014 at 11:29 AM
Fire both attorneys and hire a mediator to do exactly what you both want and stop the contentiousness.
Answered on Mar 18th, 2014 at 11:24 AM