My husband filed for divorce l0 months ago after a 35 year marriage. After several delays and meetings with my lawyer, we finally went to mediation which lasted a couple hours. I had been under so much stress that I was suffering from major depression and major anxiety. The psychiatrist that my lawyer had me see said in a letter that my condition was "consistent with anxiety and mood disorder, and I had limited psychological resources. Prognosis is guarded." With this in mind, I was ready to get this long process over. Now I regret some of the things I agreed to at mediation. The final mediation papers have not been sent to court yet. Is it TOO LATE to change or ammend the mediation papers? My lawyer is suppose to see me in two days to go over the final mediation agreement? HELP!!!!!!
Most likely, yes, it is too late. A mediation agreement is a fully enforceable contract under Texas law once it is signed. If you were represented by your lawyer at the mediation, then it is harder to establish a claim that you did not have legal mental capacity to sign the agreement. Most people going through divorce are suffering from depression and anxiety. It's a really hard process, probably the hardest thing people go through. Your lawyer is the best resource for discussing your feelings and concerns about the mediation agreement and whether any possibilities exist for modification. If the modifications are insignificant, maybe your spouse would consider agreeing to the changes. Best wishes to you.
Once an agreement is struck, the general rule everywhere is that it can not be changed. You talk about papers to be signed though and that makes it sound like maybe it isn't final. You should talk to your attorney about this. No attorney on the internet will know or understand your case, or its history, better than the lawyer you already have. You should first ask your questions of the attorney you already have representing you. He or she very likely knows exactly what the answer is to your question since they know the other attorney involved and the court and the judge on your case. Anyone else would only be second guessing and that would not be fair to you. And the guess, educated or not, of another attorney who doesn't know everything about your case, could also be wrong. And no attorney wants to give you the wrong advice. Of course, if you are not satisfied with the answers you get from your current attorney, then you always have the right to get a second opinion from another attorney. If you want to find another attorney who handles your kind of case you can look for one here on under the Find a Lawyer tab. If this answer was helpful, please give it a “Vote UP” review below. Thanks and good luck. Ron Burdge, www.BurdgeLaw.com
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