What To Do When Fraudulent Orders Are Filed

Question:

What can I do if the opposing party in divorce files fraudulent temp orders from mediation? the orders they have filed have several variations from the agreement we signed in mediation. what can I do? Also, the date they claim we signed it happened long before we met. They told me I must sign them before leaving. The order they filed with the court states that they were entered into freely and voluntarily. What can I file to let the judge know of these things? or should I just take him a letter? (I’ve done this in the past, but then I realized it was put on file).

Additional information

It looks like maybe they just tried to clean it up. I don’t know if most of the changes will matter too much, but it does bother me that it says we entered freely. The attorney I had told me I had to sign and we didn’t talk about the items in the order. Things kinda went downhill over something that the opposing attorney did not know about. But the order leaves me in a tough spot and so it bothers me that it says I signed them freely. and the date it says we signed them being wrong…. is the judge just going to be upset if I bring it before him, or is it worth filing a motion over. and what motion?

Answer:

If you agreed to the terms of the stipulation, then it was entered into voluntarily. If you felt pressured to agree to something, it may still be voluntary if you agreed to do it in exchange for another benefit and if you had the advice of counsel. To set aside an agreement, you would have to show duress, which I don’t think you have. You can file an objection to the form of the order within 14 days of the date it was signed by the court. If the order adds something you did not agree to, you should consult with an attorney about this as soon as possible. The court is there to resolve disputes. If you decide to object and if custody is an issue, you should also click on the link below: “Custody Orders”.

Peter ChristensenWhat To Do When Fraudulent Orders Are Filed