What can I do regarding a final decree and outstanding issues?

I went to informal mediation and agreed on some issues. There were items in the temporary orders that I assumed would stay the same, so I didn’t bring them up for discussion. Now my husband’s lawyer said they will not be in the final decree. Can I not sign the final decree until these issues are added?

Asked on September 13, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you went to binding mediation, then you may be stuck.  However, if it wasn't a binding mediation and the issue was not addressed during mediation, then the topic needs to be discussed before you sign the final decree.  Once you sign that decree and do a prove-up with the court to finalize it, you will be mostly stuck with the result and have a very hard time appealing it since you agreed to it. Until everyone signs the decree and goes to the court for a final prove up, then changes can be made to the final decree as long as all parties agree.  If there is a particular issue that the parties disagree on, they can set a hearing, state what they do agree to, and then ask the judge to resolve the one or two issues that remain unresolved.

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