Legal Question in Family Law in California

My ex-wife and I agreed and stipulated to an family law agreement. I am acting pro per and she has an attorney. We had a scheduled court date to file the stipulation and have the judge make it an order of the court. The night before, her attorney said she no longer agrees to the signed stipulation and will not move forward with it. Isn't it a binding agreement, even though it has not been made an order of the court?


Asked on 4/14/16, 5:09 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Most likely, yes, but without reviewing the document and the detailed facts and circumstances around it being signed and now repudiated, there is no way to say for sure.

Read more
Answered on 4/14/16, 6:08 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Mr. McCormick is correct. Contract law pertain to this question. If there was partial performance of the stipulation, you would have a much stronger case to argue that the agreement should be upheld.

Read more
Answered on 4/15/16, 6:35 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California