settlement

[Sw3tflower]

Calif
I signed the divorce settlement with grave misgivings on a Monday. Wednesday I Emailed my attorney and told him NOT to file the settlement. He never replied. I then sent him several Emails stating I did not agree with the settlement and to not file it in court. I had found he had mislead me about some of the contents.
He filed it the following Monday without contacting me.
Once it's filed I know it's next to impossible to overturn, but what if I wanted to withdraw the settlement before it was filed?
I have the Emails. Can I file a motion to overturn based on my demand (settlement had not been filed yet)the settlement not be filed in court?
Thank you

 

[Proserpina]

Calif
I signed the divorce settlement with grave misgivings on a Monday. Wednesday I Emailed my attorney and told him NOT to file the settlement. He never replied. I then sent him several Emails stating I did not agree with the settlement and to not file it in court. I had found he had mislead me about some of the contents.
He filed it the following Monday without contacting me.
Once it's filed I know it's next to impossible to overturn, but what if I wanted to withdraw the settlement before it was filed?
I have the Emails. Can I file a motion to overturn based on my demand (settlement had not been filed yet)the settlement not be filed in court?
Thank you

Your post history goes back quite a bit - would you mind giving us a time-line of what was signed and when?

 

[Sw3tflower]

timeline

Filed for divorce 6-08.
Trial finally set for 8-11.
I was sent Settlement I had never seen, written by ex and attorney's 7-11. Final draft dated the 17th. Email between attorney's dated the 15th stated I had read and agreed to entire settlement as written and would sign before trial 8-11. I never saw it.
Emailed and called my attorney refusing to agree to settlement. Stated changes that were more fair (wanted my personal possessions from before marriage, my car, my gifts during marriage, my money invested in LLC upon sale of LLC etc). Attorney never responded except to say we were signing the agreement in 3 days.
During settlement meeting after driving 3 hours, both attorney's set agreement in front of me, stood behind me and told me to sign. I told them of changes I wanted. They refused. Lied to me...ie my personal property was 'garbage', my car was 'worthless', I could not get my investment back upon the sale of the LLC, my retirement was gone, ex spent it etc) Nearly 3 hours later, no breaks, I felt like they would not stop until I signed. I felt I had to sign and was told I was lucky to have such a good pro bono attorney who fought hard for my rights. He said I did not appreciate all the time and work he put in for me. My ex husband paid him $5000 as soon as I signed agreement.
2 days later I called attorney and told him the settlement was totally unfair and I had been left out of negatations. I told him NOT to file it in court. 4 days later he filed it in court without returning my calls and Emails. The judge signed it and finalized it the same day.
I signed it, but before it was filed I said I did not want it filed. Could the settlement have been withdrawn at that time if the attorney had respected my wishes or was it a done deal as soon as I signed, albeit against my will. I have never gone to a settlement before and did not know what to expect. is it normal to have the op tell me to sign, act agressively and impatiently, answer my questions and my attorney just stand behind me offering no advice?
As I said, it was a 30 year domestic violence, financial abuse marriage and I now am being treated for PTSD. I felt lucky to just get out of the meeting without a fight.

 

[Ohiogal]

Filed for divorce 6-08.
Trial finally set for 8-11.
I was sent Settlement I had never seen, written by ex and attorney's 7-11. Final draft dated the 17th. Email between attorney's dated the 15th stated I had read and agreed to entire settlement as written and would sign before trial 8-11. I never saw it.
Emailed and called my attorney refusing to agree to settlement. Stated changes that were more fair (wanted my personal possessions from before marriage, my car, my gifts during marriage, my money invested in LLC upon sale of LLC etc). Attorney never responded except to say we were signing the agreement in 3 days.
During settlement meeting after driving 3 hours, both attorney's set agreement in front of me, stood behind me and told me to sign. I told them of changes I wanted. They refused. Lied to me...ie my personal property was 'garbage', my car was 'worthless', I could not get my investment back upon the sale of the LLC, my retirement was gone, ex spent it etc) Nearly 3 hours later, no breaks, I felt like they would not stop until I signed. I felt I had to sign and was told I was lucky to have such a good pro bono attorney who fought hard for my rights. He said I did not appreciate all the time and work he put in for me. My ex husband paid him $5000 as soon as I signed agreement.
2 days later I called attorney and told him the settlement was totally unfair and I had been left out of negatations. I told him NOT to file it in court. 4 days later he filed it in court without returning my calls and Emails. The judge signed it and finalized it the same day.
I signed it, but before it was filed I said I did not want it filed. Could the settlement have been withdrawn at that time if the attorney had respected my wishes or was it a done deal as soon as I signed, albeit against my will. I have never gone to a settlement before and did not know what to expect. is it normal to have the op tell me to sign, act agressively and impatiently, answer my questions and my attorney just stand behind me offering no advice?
As I said, it was a 30 year domestic violence, financial abuse marriage and I now am being treated for PTSD. I felt lucky to just get out of the meeting without a fight.

YOu signed the settlement according to you. Therefore, it was going to be filed. It was NOT against your will when you signed it. You have issues. If you thought it was unfair YOU NEVER should have signed it. once you signed it it was an agreement that could be filed.

 

[mistoffolees]

YOu signed the settlement according to you. Therefore, it was going to be filed. It was NOT against your will when you signed it. You have issues. If you thought it was unfair YOU NEVER should have signed it. once you signed it it was an agreement that could be filed.

That's true, but ISTM that the attorney failed to exercise appropriate concern for the client. If the client sent several emails before the settlement was signed, the attorney should have addressed them

Now, it's very likely that what OP's attorney was saying was that the cost of fighting over the items would have been greater than the value of the items - and that may well have been true. But I consider it very unprofessional for the attorney to have simply ignored several emails.

 

[stealth2]

Maybe OP should have picked up the phone or scooted her booty TO her lawyer's office when her first email got no response. I mean... really. At the end of the day, she is but one case of many to the lawyer. It's OP's only one (I presume). So SHE is the one who should have escalated.

 

[Sw3tflower]

yes I signed

I agree, bottom line, I signed. However it was against my will.
When I said the settlement gave my ex all my personal and community property I meant everything including my car. I was moved over 150 miles away from where I filed for divorce and from my attorney. I could not just drive over.
Of course I have issues. Anyone would after a 30 year domestic abuse marriage with PTSD. The vocational evaulator asked the court to put me under 36 hour suicide watch. Both attorney's and my ex were aware of this.
All I wanted were my personal items and my retirement money....my birth certificte, dad's death certificate, flag drapped over his coffin, some silverware, dishes, pots and pans so I could start over. I did not even get that. That seems extreme....to walk out without the stuff I walked in to the marriage with 30 years ago. He could keep his practice and the building (LLC).
I had an attorney because I needed someone to look after my best interests, who I could trust and who knew the law. He has other clients.....is that an excuse to neglect one of them? He offered his services, I did not ask him to take the case.

 

[stealth2]

I agree, bottom line, I signed. However it was against my will.
When I said the settlement gave my ex all my personal and community property I meant everything including my car. I was moved over 150 miles away from where I filed for divorce and from my attorney. I could not just drive over.
Of course I have issues. Anyone would after a 30 year domestic abuse marriage with PTSD. The vocational evaulator asked the court to put me under 36 hour suicide watch. Both attorney's and my ex were aware of this.
All I wanted were my personal items and my retirement money....my birth certificte, dad's death certificate, flag drapped over his coffin, some silverware, dishes, pots and pans so I could start over. I did not even get that. That seems extreme....to walk out without the stuff I walked in to the marriage with 30 years ago. He could keep his practice and the building (LLC).
I had an attorney because I needed someone to look after my best interests, who I could trust and who knew the law. He has other clients.....is that an excuse to neglect one of them? He offered his services, I did not ask him to take the case.

You were moved? Against your will? I suspect you chose to do so. 150 miles - if it was that important to you - is not an insurmountable drive. Sorry.

As for not asking your lawyer to represent you? If you were paying him? You sure did. If you were not paying him? Well... you kinda got what you paid for.

No, it's not fair. But unless you had a gun to your head? You chose to sign that settlement agreement. Again - I'm sorry.

 

[Ohiogal]

You were moved? Against your will? I suspect you chose to do so. 150 miles - if it was that important to you - is not an insurmountable drive. Sorry.

As for not asking your lawyer to represent you? If you were paying him? You sure did. If you were not paying him? Well... you kinda got what you paid for.

No, it's not fair. But unless you had a gun to your head? You chose to sign that settlement agreement. Again - I'm sorry.

Read her posting history. Seriously. Her posts here -- nothing to be sorry about Stealth. She couldn't screw over her ex by getting everything so now she is whining about it.

 

[mistoffolees]

I agree, bottom line, I signed. However it was against my will.

Sorry, but when you make claims like that, you have no credibility. Unless there was a gun to your head, no one could force you to sign against your will.

They may have convinced you that you should sign. Heck, your ex may have even lied to you. But no one forced you - and it wasn't against your will.

You changed your mind. There's nothing wrong with that, but let's not make things up to try to hide the fact that you signed the agreement.

 

[Banned_Princess]

41 threads.

that must be some sort of a record...





she has been divorcing this guy since 2006.

 

[mistoffolees]

41 threads.

that must be some sort of a record...





she has been divorcing this guy since 2006.

No wonder her attorney stopped paying attention......

 

[Sw3tflower]

My ex kept procrastinating, refused to produce proof of LLC, personal and business cash flow,kept changing attornies postponing the divorce,, not me.
I have had a gun held to my head in my own home. It's hard to get over that.
By 'forced' I meant I had to leave and move for my safety. It was my decision. I don't like guns.
'Screw over my ex' was never and still is not my intention. I couldn't do that to anyone, even my ex, and I resent you jumping to that conclusion. I never asked for anything more then what was legally mine, and even then I comprimised and was willing to settle for much less.....just wasn't ready to get nothing. I'll live.
Walking 150 miles is a big deal. My ex took both the cars, the bikes, roller skates.
Bottom, bottom line...I signed.
Case closed.

 

[Ohiogal]

My ex kept procrastinating, refused to produce proof of LLC, personal and business cash flow,kept changing attornies postponing the divorce,, not me.
I have had a gun held to my head in my own home. It's hard to get over that.
By 'forced' I meant I had to leave and move for my safety. It was my decision. I don't like guns.
'Screw over my ex' was never and still is not my intention. I couldn't do that to anyone, even my ex, and I resent you jumping to that conclusion. I never asked for anything more then what was legally mine, and even then I comprimised and was willing to settle for much less.....just wasn't ready to get nothing. I'll live.
Walking 150 miles is a big deal. My ex took both the cars, the bikes, roller skates.
Bottom, bottom line...I signed.
Case closed.

Based on your posting history, screwing over your ex and making him pay was EXACTLY what you wanted to do. I can read. You signed, and the case is closed. If you were not happy with the agreement you NEVER SHOULD HAVE SIGNED. End of story.