I want to change the mediated agreement - possible?

[LdiJ]

To answer some of the questions above:

1) It was a 12 hour session and quite frankly, thought it was fair but after going home and mulling it over I didn't like it.
2) We did not have any counsel (he or I)
3) I won't spill my guts on a public forum but i made a mistake in the marriage, tried to make it work and he doesn't appear to want any of it. I was hoping in time he'd change his mind.

Either I'm not asking the attorneys the right question (in the free consultations) or they are misunderstanding my intent - I was under the impression that he couldn't move forward in a divorce especially while in a confirmed CH 13 since divorcing would impact the bankruptcy estate? When I talked to my ex about it - he said that's not a factor - the mediation agreement doesn't split any property.

It sounds like someone is feeding him that information - is it true?

I do not know personally, of anyone in TX who divorced while under Chapter 13 bankruptcy. I do however know of people in other states who divorced while under Chapter 13 bankruptcy. Therefore its most likely possible.

 

[HighwayMan]

I've never heard of a 12 hour mediation session. How anyone could think clearly about an agreement after 12 hours of sitting in a room negotiating is beyond me. It really should have been done in three or 4 sessions.

Ideally, after the agreement was reached you should have gone home with a copy of it to read it all over, or have an attorney review it with you. Signing a document like that at the end of a 12 hour marathon is not a good idea - as you found out.

The divorce is happening whether you want it to or not. Your issue right now is the agreement. At this point, you're beyond our help and you REALLY need to get an attorney involved. Preferably one who is experienced and familiar with the court of record.

Also, no one here know whether anyone is "feeding" your husband information. We can't possibly know that.

 

[cbg]

If he wants a divorce, sooner or later he's going to get one. I don't know offhand how the divorce and the bankruptcy will impact each other but I do know that you can't force someone to stay married to you. You might be able to drag it out and delay it and make things difficult (which will be just so nice for your child) but in the end, he's going to get the divorce. Whether it's before the bankruptcy proceedings or after, it's still going to happen. You may as well make up your mind to that now as later.

 

[commentator]

If he has an attorney, which he does, it seems, they'd doubtless be feeding him information. If he's on any of the numberless websites that do so, other people getting divorced may be feeding him information too. If he's reading case law, that may be feeding him information. What I'm saying is that your soon to be ex husband may very well be obtaining all the information he can, and he is a free agent in this case. Of course he can rightfully do this.

I'm very curious about the 12 hour mediation session. So you started at 8:00am and finished at 8:00pm? I can hardly believe that a mediator would agree do a session like this, though it would probably be cheaper if they were being paid per session instead of per hour. It is legitimate, though it was probably very unpleasant. But from the sound of this, your husband wants this to go on through. And there's no obligation or insistence that you have counseling or try to work things out.

Try in all sorts of ways, to keep things civil and smoothly operating in the interests of your child. Why did you not have an attorney in the first place? It may be costly to hire the attorney who said they "might" be able to change some of the mediation agreements, from what I hear, you've consulted about three attorneys who have not told you anything you wished to hear.

 

[HRZ]

Alimony? Child support? What is it that you think needs to be changed ?

You are not going to save a marriage if he wants out ...suck it up and move forward ..

IF you agreed to restrictive move away provisions..you had lots of time to think about it ...

 

[stealth2]

It sounds like someone is feeding him that information - is it true?

I suspect the question here is not whether someone is feeding hubby info, but whether the Ch 13 will hold off divorce.

As for the mediation.... If it was binding, then you're likely stuck now that you've signed it. That's just how it is.

Presumably, the geographic restriction is due to the child, and, frankly, a judge would likely order that if requested. Why is it a problem?

 

[HRZ]

CH 13 by one party may well pose some questions as to property division ...but that's way over my head and time you review the issues from your side with your lawyer .

BTW if the outcome is he will owe you some alimony ...you would be smart tax wise to get the order entered in 2018 and not even risk delay into 2019.

 

[HRZ]

Correction ...if he is likely to owe you alimony you might be smart to stall out the order until 2019...that way the alimony is not taxed to you as income. ...there may be other financial issues and you need to factor in more than just taxes .....assume the question is when to divorce...it is not an if question .

 

[georgeb45]

Since your soon to be Ex-husband has done his homework well he might get the divorce sooner or later. However it is still time if you need to change a few things on the agreement after the mediation you might like to spend a few bucks and get in touch with a Divorce Attorney since he will be able to go through the paperwork, the points that were discussed and the final agreement that was reached. Someone who has all the documents laid down before will be in a better position to get you out of this situation which might not be working well for you.