Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My wife and I reached a marital separation agreement while we were separated, but we never actually filed for divorce following a reconciliation.

Now that we are filing for divorce some months later and she no longer wants to use the terms of our previous settlement, is there a good chance that the judge will use these old agreement as the basis for decisions pertaining to child custody, alimony, property division, and other issues that were agreed upon?

Question:

My wife and I have already signed an amicable divorce decree and all that remains is the judge's signature.

However, I am going to lose my insurance through her plan and recently discovered I need major surgery.

Can I rescind the agreement at this last minute since once this agreement is signed I am going to lose the insurance I desperately need for this surgery?

Question:

My ex-wife has not paid any of the settlement money I was awarded in our divorce decree.

She also has continued to not contribute any financial support to me while I am still paying the mortgage on the home where she is living.

How can I get my ex-wife to pay me the money I was awarded in our divorce settlement?

Question:

When filing for an uncontested divorce I left out our settlement agreement. Now the judge has ordered us to attend mediation.

Do we have to go to mediation or can I file an amendment to the divorce filing with the settlement agreement proving we do not need mediation? Which process would be quicker?

By Jennifer M. Paine

Cordell & Cordell Divorce Lawyer

Chances are at some point in your case you will be responsible for reviewing and drafting all or a portion of a divorce settlement, order, or judgment.

Certainly, when your case settles you and your divorce attorney will share in drafting the settlement documents - some of which your judge will sign - with your ex and her attorney. 

In many jurisdictions, judges also require divorce lawyers and parties to prepare judgments and orders based on the judge's rulings at a hearing or trial.

That's where the language traps in a divorce settlement come into play.