Is this possible?

[ladynothappy]

What is the name of your state (only U.S. law)? Texas
My husband and I went to divorce mediation and signed an agreement. I'm the petitioner so my Atty typed up the divorce decree. I signed it then it was sent to his Atty for their signatures. My husband refused to sign saying my Atty added things to the decree that were not in the mediation agreement. He only included things on a standard Texas divorce decree. Initially my husband wanted a jury trial but waived it. He let me know that he has again requested a jury trial. Is it possible for the jury trial to be granted again?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas
My husband and I went to divorce mediation and signed an agreement. I'm the petitioner so my Atty typed up the divorce decree. I signed it then it was sent to his Atty for their signatures. My husband refused to sign saying my Atty added things to the decree that were not in the mediation agreement. He only included things on a standard Texas divorce decree. Initially my husband wanted a jury trial but waived it. He let me know that he has again requested a jury trial. Is it possible for the jury trial to be granted again?

It may very well be.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas
My husband and I went to divorce mediation and signed an agreement. I'm the petitioner so my Atty typed up the divorce decree. I signed it then it was sent to his Atty for their signatures. My husband refused to sign saying my Atty added things to the decree that were not in the mediation agreement. He only included things on a standard Texas divorce decree. Initially my husband wanted a jury trial but waived it. He let me know that he has again requested a jury trial. Is it possible for the jury trial to be granted again?

What kinds of things did your attorney add that the two of you did not agree to in mediation?

 

[ladynothappy]

What kinds of things did your attorney add that the two of you did not agree to in mediation?

He added in that my husband is to make me the benificiary on my child's behalf on his life insurance policy, in case of his death so his child will be taken care of.

 

[garrula lingua]

Why didn't you discuss the 'life insurance beneficiary' in mediation ????

That's not standard in Tx divorce decrees. It's negotiable.

Sounds as though you tried to blindside your husband.

 

[ladynothappy]

Why didn't you discuss the 'life insurance beneficiary' in mediation ????

That's not standard in Tx divorce decrees. It's negotiable.

Sounds as though you tried to blindside your husband.

I did not try to blindside my husband, I do not know the laws and hired an atty. My atty added this to the decree not me, not did i ask him to add it.

 

[LdiJ]

I did not try to blindside my husband, I do not know the laws and hired an atty. My atty added this to the decree not me, not did i ask him to add it.

Well, you could have your attorney re-write it to remove everything that you did not agree to at mediation. That would be one way to solve the problem.

 

[mistoffolees]

Well, you could have your attorney re-write it to remove everything that you did not agree to at mediation. That would be one way to solve the problem.

That would be the correct way to solve the problem. There's no excuse for adding something that wasn't agreed to during mediation without discussing it with the other side.

 

[LdiJ]

That would be the correct way to solve the problem. There's no excuse for adding something that wasn't agreed to during mediation without discussing it with the other side.

Well, unless it was something absolutely required under the law. I cannot think of anything off the top of my head that might qualify, but there could be something.

Adding the insurance thing however was definitely inappropriate, IMO.

 

[nextwife]

He added in that my husband is to make me the benificiary on my child's behalf on his life insurance policy, in case of his death so his child will be taken care of.

And are you going to make him beneficiary of YOUR life insurance so that if you die and he becomes primary caregiver, the children will also be taken care of? Diid your attorney also add that in, since they are adding unagreed provisions?

I have NEVER understood why such clauses should be equal and reverse, because the death of EITHER parent creates a financial bind for the surviving parent, who is then the sole caregiver and financial provider.

 

[mistoffolees]

And are you going to make him beneficiary of YOUR life insurance so that if you die and he becomes primary caregiver, the children will also be taken care of? Diid your attorney also add that in, since they are adding unagreed provisions?

Even if they did, it's still inappropriate. It is often the case that one parent needs the protection and the other can afford it, but not vice versa. In many cases, one parent has a high income and can afford to raise the child on his/her own while the other parent struggles to get by - in which case insurance would be a significant burden.

They shouldn't have added it without discussing it with Dad - whether it was unilateral or bilateral.

 

[Bali Hai]

Why didn't you discuss the 'life insurance beneficiary' in mediation ????

That's not standard in Tx divorce decrees. It's negotiable.

Sounds as though you tried to blindside your husband.

Depending on the judge, they may just get away with it. My ex and her attorney pulled all kinds of crap like that, they got away with some of it and some of it they didn't.

 

[ladynothappy]

Depending on the judge, they may just get away with it. My ex and her attorney pulled all kinds of crap like that, they got away with some of it and some of it they didn't.

I did not ask my atty to add that to the decree, it was not my idea. I can ask him to remove it, but again i did not ask him to add it.

 

[ladynothappy]

Why didn't you discuss the 'life insurance beneficiary' in mediation ????

That's not standard in Tx divorce decrees. It's negotiable.

Sounds as though you tried to blindside your husband.

I dont know very much about the law, so i trusted my attorney to handle things and steer me in the right direction at mediation.

 

[ladynothappy]

Well, you could have your attorney re-write it to remove everything that you did not agree to at mediation. That would be one way to solve the problem.

I certainly will ask my atty to remove the life insurance request.