Legal Question in Family Law in Florida
motion to force agreement
My attorney has misrepresented me and came up with an agreement with my husband's attorney. In fact the agreement was in place and I didn't know it, until I didn't receive my alimony. That is when I call her and she faxed me the agreement. This agreement was what my husband wanted. She just gave away my home. we have been married for 23 years and live in the property for 10 years. She can't change the agreement because she told the judge we will settle instead of going to trail. I did not know any of this. she was going to dismiss her self for misrepresenting me then she told me that she could not dismiss herself because my husband's attorney file motion to force agreement. Can they do this to me and how can she agree with anything without letting me know. I feel like they set me up. She won't give me my file either. This women took my $2,500.00 Dollars and made a decision without consulting me. I told her I would not signed agreement.
2 Answers from Attorneys
Re: motion to force agreement
If you didn't sign the agreement, then it shouldn't be enforceable.
Re: motion to force 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 information, 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.
If you never agreed to the terms of the agreement, then the attorney had no right to agree to it. She clearly overstepped her authority. A court should not require you to live up to a settlement agreement that you did agree to.
If you are truly unhappy, it may be time to find a new attorney. Alternatively, you should let the court know that you never agreed to the terms of the agreement and wish to go to trial.
Scott R. Jay, Esq.
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