Legal Question in Family Law in Texas
How to enforce a mediation agreement?
I have a legal mediation agreement signed in Dec 06. I paid my wife an agreed sum of money before deadline and she is supposed to sign a document releasing her of any of my military retirement. Her lawyer will not send this document saying it will be in the decree. I do not have a lawyer any more and need this separate release prior to signing any decree. This release was agreed in mediation. Please help.
2 Answers from Attorneys
Re: How to enforce a mediation agreement?
If you mediated a settlement agreement, the substance of the agreement should be made a part of the divorce decree.
Is the release something that the military requires? If it is, was the release mentioned in the mediated settlement agreement? If so, then she will definately be obligated to sign the release. Even if the release is not explicitly mentioned, I think you could easily argue to the court that the release is part and parcel of the settlement agreement.
Re: How to enforce a mediation agreement?
Mr. Warren failed to mention that you would have to file a motion to enforce the mediation agreement. If you don't know how to do this, better call your lawyer again.
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