What can I do if the opposing party in a divorce files fraudulent temp orders from mediation?

Question

I have a question about fraudulent legal documents. 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 and the order they filed with the court states that I entered into them freely and voluntarily. what can I file to let the judge know of these things? or should i just take him a letter? (this is something I have done in the past, but then realized it was put on file).

It looks like maybe they were just trying 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 to sign and we didn’t talk about the items in the order. Things kinda went down hill over something that the opposing attorney didn’t know about. but the order leaves me in a tough spot and so it bothers me that it say 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 you entered into it 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 the court signed it. 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.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

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Steve ChristensenWhat can I do if the opposing party in a divorce files fraudulent temp orders from mediation?