Is This Legal? If Not, What?

[pb1963]

Is This Legal? If Not, What? GEORGIA

I am in the process of trying to find a new attorney to handle my divorce. Husbands Attny filed Motion to Enfore Agreement and court date is first week of April. I did not sign agreement and did not agree to agreement yet my attorney wrote letter to opposing counsel stating that we were in agreement. They filed the motion to enforce. I was unaware that my attorney had made any comment to opposing counsel in that regard. I had made some changes or clarifications to the agreement and took them to my attorney. He indicated he would not change agreement and could not change agreement being that he gave counsel his word. I never signed agreement. He withdrew from my case. I filed the Divorce complaint as Irret Broken in Sept 2004. Today I received a document from my husbands attorney titled Answer and Counterclaim for Divorce. It states that the current agreement should be finalized due to cruel treatment on my part. The affidavit is dated 10/4 and the original answer that was filed did not have any counterclaim. The answer that I was original shown by my attorney or told about by my attorney did not have any counterclaim. Is this legal? Can the defendendent revise the Answer and make a counterclaim now and 1 week before the court date? The whole thing is a lie because it was just recently developed yet the Affidavit attached is dated 10/4. Is this an issue?

 

[I AM ALWAYS LIABLE]

I am in the process of trying to find a new attorney to handle my divorce. Husbands Attny filed Motion to Enfore Agreement and court date is first week of April. I did not sign agreement and did not agree to agreement yet my attorney wrote letter to opposing counsel stating that we were in agreement. They filed the motion to enforce. I was unaware that my attorney had made any comment to opposing counsel in that regard. I had made some changes or clarifications to the agreement and took them to my attorney. He indicated he would not change agreement and could not change agreement being that he gave counsel his word. I never signed agreement. He withdrew from my case. I filed the Divorce complaint as Irret Broken in Sept 2004. Today I received a document from my husbands attorney titled Answer and Counterclaim for Divorce. It states that the current agreement should be finalized due to cruel treatment on my part. The affidavit is dated 10/4 and the original answer that was filed did not have any counterclaim. The answer that I was original shown by my attorney or told about by my attorney did not have any counterclaim. Is this legal? Can the defendendent revise the Answer and make a counterclaim now and 1 week before the court date? The whole thing is a lie because it was just recently developed yet the Affidavit attached is dated 10/4. Is this an issue?

My response:

I'll bet you'd REALLY like to know why no one is responding to you - - wouldn't you?

IAAL

 

[pb1963]

My response:

I'll bet you'd REALLY like to know why no one is responding to you - - wouldn't you?

IAAL

Well now that I read your response....yeah! I did get an answer elsewhere but I guess I said something wrong. Your comment has defenitely made me wonder.

 

[Cindergretta]

well what is the answer? i am going through this too... i thought it wasn't enforcable unless it had a signature? what's the deal?

 

[seniorjudge]

My response:

I'll bet you'd REALLY like to know why no one is responding to you - - wouldn't you?
IAAL

My guess: Colonel Mustard in the courtroom with the doublepost?

 

[pb1963]

Ok...You Put us on Pins and Needles

well what is the answer? i am going through this too... i thought it wasn't enforcable unless it had a signature? what's the deal?

If this Answer and Counterclaim is the original and my husbands attorney is just sending it to me now.....I will absolutely flip because my attorney never shared this with me. I don't think this could possibly be the original however due to the fact that there is a request to approve the current agreement based on Cruel Treatment. Since I don't have a new attorney yet, can I request the backup documentation proving this claim?

 

[pb1963]

W H A T ?????

My guess: Colonel Mustard in the courtroom with the doublepost?

Ok obviously I must have asked a really stupid question or one that you cannot answer, but Col Mustard is not helping at all......

 

[Cindergretta]

what is the final answer? my attorney also sent an agreement to the opposing counsel, which i didn't agree with. i have already hired a new attorney. but have not heard from the opposing counsel yet. it has been a week and a half. what to do?

 

[Cindergretta]

so why has no one answered?

 

[pb1963]

No Clue

so why has no one answered?

You know what...I have no clue!

I have been told that even if you don't sign you can be held to it if the Judge sees fit to do so. I am really curious why no one has said a word though?

 

[ENASNI]

shhh

You know what...I have no clue!

I have been told that even if you don't sign you can be held to it if the Judge sees fit to do so. I am really curious why no one has said a word though?

They are sleeping off the Ham and potatoes...
jeesh..
Tis Sunday...and a Major Holiday for some sects... Kay?

 

[Cindergretta]

then what is the point of signing it if a judge can still enforce it? might as well not sign it then.

 

[I AM ALWAYS LIABLE]

I am in the process of trying to find a new attorney to handle my divorce. Husbands Attny filed Motion to Enfore Agreement and court date is first week of April. I did not sign agreement and did not agree to agreement yet my attorney wrote letter to opposing counsel stating that we were in agreement. They filed the motion to enforce. I was unaware that my attorney had made any comment to opposing counsel in that regard. I had made some changes or clarifications to the agreement and took them to my attorney. He indicated he would not change agreement and could not change agreement being that he gave counsel his word. I never signed agreement. He withdrew from my case. I filed the Divorce complaint as Irret Broken in Sept 2004. Today I received a document from my husbands attorney titled Answer and Counterclaim for Divorce. It states that the current agreement should be finalized due to cruel treatment on my part. The affidavit is dated 10/4 and the original answer that was filed did not have any counterclaim. The answer that I was original shown by my attorney or told about by my attorney did not have any counterclaim. Is this legal? Can the defendendent revise the Answer and make a counterclaim now and 1 week before the court date? The whole thing is a lie because it was just recently developed yet the Affidavit attached is dated 10/4. Is this an issue?

My response:

You purposefully deleted the State Name question. That's why no one can, or will, answer your question. We don't know which State law(s) to apply. See, you wasted all of that time since you first posted, and all because you PURPOSEFULLY deleted the State Name question, or failed to mention the State where your situation is occurring.

IAAL

P.S. Once I don't see the State name in the first or second sentence, I don't bother with that person's post, and move on to the next.

 

[Cindergretta]

well my state's name is Georgia and i want to know what the answer is according to my state's laws. i don't know if my attorney has actually done what the op's has done yet, but he sure seems crooked enough to do something like that.