Legal Question in Family Law in Florida
Divorce/ Settlement Agreement
I am going through divorce proceeding. I am doing it ProSe while my spouse has an attorney. During a pre-trial conference my souse attorney and I came to an agreement for settlement. By testimonoy in front of the Judge without court reported an amount of money was agree upon and settled verbally. The next dayd my spouse's attorney drafted a settlement agreement with different amounts and criteria. I bargained with that attorney for two months, but he kept raisning the the settlement amount. Now he refuses to bargain or mediate any longer. He wants me to submit interogatories and produce documents. He is threatenin me to with a Motion to Compel and various other actions if I do not comply. What relief do I have under Florida Laws. Are there any Motions or could I place a Motion to compel him to respond or to remedied what he agreed in front of the Judge? The attorney claims that the verbal agreement we had and verbally submitted in front of the Judge in Court is not binding because it was not written and signed by the parties. Can I enforce the verbal agreement as implied in particularly when the Judge heard it? I do not want to go to trial. I want what was agreed in front of the Judge to stand. Please respond soon.
1 Answer from Attorneys
Re: Divorce/ Settlement Agreement
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Generally, if the agreement was only verbal and not in writing, it will not be enforced. Since you say it was made in front fo the judge, if the judge remembers the agreement or made notes the judge may grant a motion to enforce the terms.
Frankly, it may be hard for you to prevail against an attorney who will do the necessary legal research to come up with cases to dispute your claim.
Scott R. Jay, Esq.
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