QUESTION
Is there any turning back if the divorce did not go to trial and the judgement is not signed?
Asked on Aug 26th, 2012 on Divorce - California
More details to this question:
I told my attorney I wanted to go to trial that morning. We got surprise news that our dates changed such that they suddenly interfered with vacation plans of hers. I am sick over this, but I think she did not take me to trial because of this. The results, as I worried, were horrific. I felt like I had been raped while she watched. The following day, I went in to her office and asked her what happened. She did not say much. Something went terribly wrong. She has now written up the judgement and we got proposed changes from my husband's lawyer. Again, she is bulldozing us. I do not want to sign this. She took a long time to respond and is now pressuring me about a deadline. What happens if we do not meet the deadline? Is there any chance of getting a trial at this late date? I cannot even ask my lawyer because I do not feel she was an advocate for me. I do not understand what happened. Her trial memo was so strong. In our negotiations, she did not ask for anything. We were simply on the defensive the whole time. She ended up giving my husband things he did not even ask for. I asked her to request that he get life insurance and she said something like, "oh yeah that's a good idea, I forgot about that". When I told her that I want a decent amount, she reminded me that my husband is older than I am and that it might be expensive for him. Frankly, that is too bad. He is in very good health and has two young children to support.
13 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have lost faith in your attorney, get a second opinion now, and perhaps get a new attorney. This IS the rest of your life.
Answered on Sep 05th, 2012 at 9:48 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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If you didn't have a trial and you didn't put any agreement on the record and did not sign anything, yes you can get a trial.
Answered on Sep 05th, 2012 at 9:47 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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If you have not yet been in front of he Judge and he has not entered an Order you have no obligation to sign anything. If you have you should be contacting the CourT to make a Motion to reconsider the settlement. Otherwise consult another lawyer.
Answered on Sep 05th, 2012 at 9:47 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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The Attorney/client relationship is based on trust. If you con't trust your attorney, then you should get another one.
Answered on Sep 05th, 2012 at 8:42 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Take your case file and all of the documents you have and go to another attorney. You need a second opinion as to what is fair. Good luck.
Answered on Sep 05th, 2012 at 11:04 AM
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These are not questions for the internet. You need to TALK to your lawyer. Have a straight, honest conversation. If she cannot adequately represent you, get new counsel.
Answered on Sep 05th, 2012 at 9:37 AM
You can settle or you can go to trial. The fact that the trial was postponed does not preclude you from getting your day in court. If you feel the need for reassurance, consult another attorney to review the proposed agreement and advise you on how it impacts you.
Answered on Sep 04th, 2012 at 8:42 PM
Juvenile Criminal Law Attorney serving Towson, MD
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Law Office of Michael G. DeHaven, P.A.
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Your fact pattern is hard to decipher, but it appears that you reached a settlement agreement that was placed on the record, and now it's being reduced to judgment. If that is the case, it would be difficult to "turn back," but you should discuss your options with your lawyer. If you haven't reached an agreement, then simply instruct your attorney to try to negotiate a fair deal or have the case set in for trial.
Answered on Sep 04th, 2012 at 8:24 PM
Steven D. Dunnings
You do not have to sign a document you disagree with. It may be late, depending on what dates you have, but you might want to take your file to another attorney to review.
Answered on Sep 04th, 2012 at 8:12 PM
James Albert Bordonaro
It's unclear if you had a final hearing or a temporary one. If it was a final hearing then it's probably too late to change. In divorce cases, final hearings are the "trial" as the case is tried to the court without a jury.
Answered on Sep 04th, 2012 at 7:56 PM
In most situations, if a case is scheduled for trial and is continued at the request of the parties, it can be set for trial at a later date. In the interim you need to clear the air with your lawyer.
Answered on Sep 04th, 2012 at 7:50 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Sounds like you are dissatisfied with your attorney. You have the right to get new counsel.
Answered on Sep 04th, 2012 at 7:48 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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The judgment can be enforced if you signed an agreement in court and the judgment is just formalizing what was already agreed to. If you want out, get another attorney and file a request for trial.
Answered on Sep 04th, 2012 at 2:23 PM