QUESTION
Can I dispute a Marital Settlement Agreement before it goes in front of the judge? How?
Asked on May 08th, 2015 on Divorce - Washington
More details to this question:
I think that I should not have signed my MSA in mediation because I think I could have gotten more out of the settlement. Can I dispute it?
9 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Maybe, esp. if you were not represented by an attorney. If you weren't represented by an attorney when signing and not now when reneging, your behavior is arbitrary and needs to be corrected. The Family Law Facilitator at your Courthouse will assist you for free in reviewing the MSA.
Answered on May 11th, 2015 at 12:15 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. But be ready with very good reasons why the MSA is not fair and why you agreed in the first place.
Answered on May 11th, 2015 at 4:48 AM
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There is very specific case law that once you sign a mediated agreement, it is a valid contract absent fraud (which is very difficult to prove). You can and should visit with a lawyer about your specific situation to see what options you may have, but generally, you are stuck with what you have signed.
Answered on May 11th, 2015 at 4:47 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If the agreement was reached in mediation, and the agreement is not filed in the court you may very well be able to prohibit the agreement from moving forward. If you do not take immediate action to stop the processing you will be stuck with the agreement. If there is proper language already in the agreement, you MAY already be stuck with the agreement. The language used in the agreement determines how if proceeds.
Answered on May 11th, 2015 at 4:47 AM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Yes; You can tell the judge at the final hearing that you do not agree with it.
Answered on May 11th, 2015 at 4:46 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Of course. This is an Agreement. Notify the other side you will not sign and the reasons therefore.
Answered on May 11th, 2015 at 4:46 AM
Like any other contract, once it is dated and signed by all parties it is a done deal unless the terms are egregious or you lacked mental capacity to consent because of some mental disability or coercion. Another thought, if your spouse does not agree to a do-over, is that you can retain an attorney to try and get the agreement voided.
Answered on May 11th, 2015 at 4:45 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Until the judge approves and signs it, you can withdraw your approval. Let the court know immediately that you no longer agree.
Answered on May 11th, 2015 at 4:44 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If it is signed you are bound unless there was fraud or some other unusual circumstance. The possibility of having gotten more is not a reason to invalidate.
Answered on May 11th, 2015 at 4:43 AM