Legal Question in Family Law in Georgia

Divorce settlement agreement

I verbally greed to my attorney on the terms of an agreement in a divorce case after a day of negotiations with 3 attorneys and a mediator for all sides including an Ad Litem for the children.After 9 months of jockying back and forth, having to file chapter 7 and house on the brink of forclosure. $5000.00 in attorneys fees and the mediators bill mounting as the day grows old and only $300 to my name.My lawyer anxious to wrap it up does not explain my options and said she would sign the agreement on my behalf once i revieed it and gave her the ok. a day later with time to think and alot less pressure and before the agreement had been emailed to me i notified her that i would not be accepting the terms. she told me it was binding and then dropped me. can i be bound to this agreement?


Asked on 8/03/07, 2:35 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Divorce settlement agreement

Mediated settlements are binding, and a party refusing to sign, after agreeing, will generally face a suit to enforce the mediation (and usually will have to pay the other side's legal fees for the motion). No one here will be better equipped to answer than your attorney, who was there.

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Answered on 8/03/07, 3:03 pm
Stephen Worrall The Manely Firm, P.C.

Re: Divorce settlement agreement

Yes. No one forced you to agree to anything. Your attorney recommended you sign it and you agreed. You are responsible for your own actions and cannot blame your attorney.

She withdrew as your attorney because you had settled the case, she knew you had settled it and she cannot now represent you in now taking a contrary position that there is no agreement. It would be unethical for her to do so.

If you now resist signing the agreement, you will likely face a motion to enforce the agreement filed by the other side and when they win, the judge will almost certainly make you pay the other lawyer's fees for having to bring that motion.

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Answered on 8/03/07, 3:17 pm


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