Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

How enforceable is a divorce settlement agreement signed by both parties without a judge's approval?

My spouse and I are trying to address property division issues without court intervention.

If we reach a divorce settlement agreement and sign and date what we agree to, then how legally binding is that agreement?

Question:

My child performed very poorly his first year in college. My ex-wife made the unilateral decision to send him back this fall, though our marital settlement agreement states all major decisions should be discussed.

She did not discuss with me until she had paid his tuition in full, signed a lease for an apartment, and re-enrolled him and she was wanting me to reimburse her per the divorce decree provisions.

What are my rights? Does the section on paying half of college expenses trump the section on major decisions being discussed in good faith and agreed to by both parties?

By Nancy Shannon

Cordell & Cordell Divorce Lawyer

If you are going through a divorce, do not pay expenses for your soon-to-be-ex-wife, such as marital home mortgage payments, and expect the court to give you credit for it later.

The following case study example is loosely based on the facts from a recently released Appellate Court decision in Nebraska.

Question:

My ex and I signed a notarized child custody agreement that she was not allowed to leave the state with my son without my written permission. 

However, she ignored it, moved out of state with my child, and when I protested the judge overruled our notarized agreement saying it was against my ex's constitutional rights to prohibit her from moving out of state.

Can I contest this ruling by the judge or somehow find a way to get my ex-wife to uphold this child custody agreement we reached?

By Leslie Lorenzano

Cordell & Cordell Divorce Lawyer

If you are engaging in mediation, the ultimate goal is to come to an agreement to resolve your case and avoid the financial and emotional toll of litigation. 

Mediation can itself be a long and taxing process, but a successful mediation can give parties a sense of satisfaction that litigation and a bare-bones order from the judge may not be able to provide.