Legal Question in Family Law in California
divorce settlement
We have a marital settlement agreement & it is finalized(Oct.10,2002) in court,can he now say there was a fraud by the paralegal that did my papers so as not to have to now follow the order.He is in contempt but hes saying hes going to dissolve it.There is no fraud but even if the paralegal messed up wouldn't his argument be with them? Thank You
4 Answers from Attorneys
Re: divorce settlement
if there is an existing court order regarding your settlement agreement, your ex cannot unilaterally breach it or change the terms without going back to court and showing cause.
thus, if he is in contempt right now, you should SERIOUSLY consult with an attorney to get this matter remedied expeditiously. if you would like a free phone consultation on this matter, email us today with your contact information.
Reply: divorce settlement
Your questions can not be answered without having more information. If the paralegal assistant made a mistake, that mistake may or may not be grounds to set aside a Judgment depending upon the specific mistake and the circumstances that lead up to it. Marital Settlement Agreements and Judgments can be set aside!
I suggest that you leave the paralegal and consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: divorce settlement
I would need to review the Judgment and obtain additional facts as to whether or not there is any grounds for setting aside the judgment and how the set aside could be opposed. In short, I would need more facts and information to be able to assist you with your problem. Please contact my office at 310-839-7700 for a free initial office consultation so I would be able to provide you with appropriate legal advice.
Re: divorce settlement
You need to get to court to resolve this matter quickly. He cannot just take this action on his own without the blessing of the court. If he is in contempt, he has a problem. Retain counsel to help resolve this once and for all.