Legal Question in Family Law in Texas

How long will a mediation agreement stay in effect if unfiled? My ex-wife filed for changes to our decree and we went through mediation. However, those documents have never been filed to the courts even though the agreement states her attorney is to do so. Can I have that agreement nullified after a year of waiting?


Asked on 2/27/14, 6:39 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

It appears the judge is unaware that you went to mediation. I would go to your local courthouse & file a copy of the mediated settlement agreement with the court.

Even though her attorney was to file it, it seems that for some reason he has not gotten around to it.

Therefore, to protect yourself, file it yourself.

You also need to take the MSA and have an order written up so the judge can sign it. Then the MSA is enforceable by the judge. Without doing all of this, you have nothing that you can enforce by contempt.

I hope this answer is helpful.

If you need a local attorney, look on this website and on www.avvo.com for help.

Good luck!

www.familylaw4u.com

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Answered on 2/27/14, 8:00 pm


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