Divorce Not signed yet by Judge - can it be changed

[rsr5305]

What is the name of your state? Florida

Married 3 years, no children, only house with BIG mortgage

My brother & soon to be ex have signed the papers but the judge has not signed yet, can he have the attorney pull them back to make changes now, due to disagreements?

The papers say he is to continue making house payments until divorce final and she is supposed to obtain refinancing-- (he gave her the house), he agreed to this because she/he verbally agreed she would continue to pay other bills while this is happening, of course, she has decided to stop paying the other bills now....., she thinks because they have signed the papers that all is done.

The next mortgage payment is due Sept 1 but his truck payment is due also (she was supposed to pay), he plans to pay his truck payment and as good faith effort offer to pay portion of mortgage, less the amount for truck payment.

Or should he just let things rock on and pay only as much of the mortgage he can less his truck payment -- force her to take him back to court to enforce the mortgage payment clause -- Would she then have to pay an attorney to do this too?

Thanks
Concerned Sister

 

[seniorjudge]

Has there been a trial on the lawsuit?

 

[rsr5305]

no - still waiting on date with court

 

[LdiJ]

Is he absolutely certain that she is going to qualify for the refi on her own?

 

[rsr5305]

No, she is working on getting it refi'd, but nothing on paper yet. He's prepared for foreclosure if that happens, just giving her a chance and now she's trying to renig on all agreements not in writing.

 

[LdiJ]

No, she is working on getting it refi'd, but nothing on paper yet. He's prepared for foreclosure if that happens, just giving her a chance and now she's trying to renig on all agreements not in writing.

In that case, maybe it would be wiser, if his attorney says that its possible to back out of the agreement, to insist that the house be sold. Then he would not have to worry about the possibility of foreclosure.

 

[rsr5305]

Agree - but can he still do that? Pull the agreement back and have it amended?

 

[LdiJ]

Agree - but can he still do that? Pull the agreement back and have it amended?

Possibly, but only his attorney can answer that for sure.

 

[seniorjudge]

Possibly, but only his attorney can answer that for sure.

I agree. We don't have enough info to know exactly at what stage the lawsuit is at.

If the court already heard testimony on this agreement and the thing is just sitting on the judge's desk to be signed, then you may have to file a modification (which would probably go nowhere).

In other words, as LdiJ says, ask the lawyer and tarry not.