Legal Question in Family Law in Missouri

divorce settled or not?

My husband and I went to trial and before the trial, we agreed to the terms of the divorce and the parenting plan. We both got on the stand and stated we agreed to everything under oath. Now, 26 days later, my husband has decided to change his mind. Is he allowed to do this? He said he fired his attorney, but yet no motion for dismissal has been sent to the Court. He said he has hired a new attorney and paid the new attorney, but my attorney has not been notified of anything. I was under the understanding that if you were firing an attorney, that ethically, you had to officially fire your attorney before hiring a new attorney and that you could not discuss anything with a new attorney. My husband has continued this divorce several times over the past two years and did not do his interrogatories on time which also caused a continuance. I am tired of the process and just want this over.


Asked on 9/24/07, 7:50 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: divorce settled or not?

This happens more often than you might think. I just handled a similar situation and I can tell you that the law is fairly clear on what it takes to set aside a settlement, or put in owhter words enforce the settlement. It sounds like you need to file a Motion to Enforce the Settlement, and you will definitley need to respond if your ex files a Motion to Avoid or Set Aside the Settlement. I would definitely suggest discussing this with your own attorney. Good luck.

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Answered on 9/25/07, 11:58 pm


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