Legal Question in Family Law in California
My ex wife lawyer sent over the mediation papers for me to sign. They told me they just retyped the original form from the mediator(which I have) but I compared both documents and they changed the phrases throughout their retyped document. I called and told her lawyer that I was not willing to sign in agreement with the new terms they added. They responded by sending m,e a letter saying I would be responsible for his fees since I am holding things up by not signing. Is this true? What are the laws with signing final divorce papers?
1 Answer from Attorneys
If you signed a settlement agreement in writing at the mediation, that settlement agreement is enforceable by way of motion. Code of Civil Procedure section 664.6 provides that "[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until
performance in full of the terms of the settlement."
The issue is whether or not the retyped document contains the same material terms (regardless of phrasing) or alters the material terms. If you are resisting changes made by them to an agreement that you signed at the mediation, then that is understandable.
Family Code section 271 provides authority for a court to sanction a party whose conduct frustrates the policy to promote settlement or prolongs litigation, which involves paying the other party's attorney's fees. I cannot tell, however, whether it is you that is frustrating settlement or them.