Over the last decade we have seen a steep increase in couple’s choosing to participate in mediation and collaborative divorce methods. This is largely due to the fact that in traditional divorce cases, the terms of the divorce and custody agreement will be finalized by a judge’s ruling. However, when couples choose divorce mediation to reach an amicable divorce agreement together, they will both have equal and final say to what the terms of their divorce are. This is greatly beneficial to both parties because it gives them the most control over their specific situation, and gives them the chance to find customized solutions for their unique family’s needs.
Once a settlement agreement has been agreed upon and signed by both parties, it will be entered by the court into a court order. This will be held up as the official ruling by the courts and both parties will be expected to follow the agreement that was signed upon. But what happens if one or both parties decide the divorce settlement agreement no longer works for their lifestyle? Is it possible to back out of a divorce mediation agreement? Can a judge change a mediation agreement?
In cases where both parties have an issue with the agreement before it is officially incorporated into a court order, then it will be simple to rescind the agreement because it has not been fully set. At this time the spouses will either need to start to process over or find a different divorce method that fits their unique situation and needs. However, if only one party has an issue with the agreement that has already been signed into action, it will be more difficult to modify the divorce settlement agreement.
If only one divorcing party wishes to make modifications to, or in some cases set aside, the agreement, there will only be a couple of ways they will be able to do this. If they are able to prove that fraud took place, as in information was not properly shared or was directly hidden, a court may grant a modification to the agreement. Additionally, if the party is able to prove that either party has experienced a substantial change in circumstances, such as income, location, or health, a court may choose to modify the agreement.
Divorce Mediation in Galveston TX
Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. We proudly serve the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.