fireyred1290
New Member
Filed dissolution 8/02/2013. Trial 11/24/2014. 4 hrs attnys in jud chambers. Came out 3 times during that time to discuss case. Last time we agreed to settle. Jud came out and asked basic jurisdiction question, confirned irreconcilable differences, confirmed we had 1 son b/f marriage, name, dob, ETC. Then said,
"I hear u 2 have come to a settlement, is this correct" we both said yes. Then asked if we both understood terms of settlement. Both said yes. Jud granted dissolution and my ex lawyer said he would type the judgement and send to him to sign. NO TERMS OF SETTLEMENT WERE READ ON RECORD. The next day I call my att. about terms and if I was done or would i have to come in to sign the order/judgement. He told me id have to come sign the papers as soon as my ex att drafted and sent them over. Then he'd send to jud to sign. Asked few things about settlement. Every answer was completely different than what he told me the day before during "trial". I said " we are splitting all debts besides my school loans evenly right? (Which is what he had said during negotiations/trial). He said no that all debts went to me. I Inquired further. More discrepancies b/t what he told me terms were during trial and what he was saying they were now. I told him I did not agree and was not going to sign if that's how it is going to be written. I called 3 more times bf judge justice signed prop jdgmnt (12/29) and made it final jdgmnt on 12/30/2014. ( Judge Justice last day as ass judge was 12/31/2014. Eric Eighmy, my ex att, was sworn into office as new assc court judge Jan 1, 2015) I filed motion to vacate and reopen judgement 01/28/2015. My att motioned to withdraw. At hearing he was granted his withdrawl and my ex granted continuance. Eric Eighmy (new judge and ex former att) recused to to conflict and judge williams assigned per local rule. Ex new att motioned up my motion to vacate and hearing was set 2/5/2015. At hearing, judge william said he hadn't had time to review the motion papers and will do so as soon as he can and then make his ruling. I AM STILL WAITING. NO OTHER DOCKET ENTRIES since. What do I do? How can I get relief from a consent judgement were the terms written in order is not what I agreed to consent to??mI'm sure I've missed some timeline/deadline to file the right papers but just in case I can stil do something to stop this, I am turning to you. The experts. Please help me. Just looking at the final judgement any sane person will see its completely unfair, not equitable, and an injustice. THANK YOU!
"I hear u 2 have come to a settlement, is this correct" we both said yes. Then asked if we both understood terms of settlement. Both said yes. Jud granted dissolution and my ex lawyer said he would type the judgement and send to him to sign. NO TERMS OF SETTLEMENT WERE READ ON RECORD. The next day I call my att. about terms and if I was done or would i have to come in to sign the order/judgement. He told me id have to come sign the papers as soon as my ex att drafted and sent them over. Then he'd send to jud to sign. Asked few things about settlement. Every answer was completely different than what he told me the day before during "trial". I said " we are splitting all debts besides my school loans evenly right? (Which is what he had said during negotiations/trial). He said no that all debts went to me. I Inquired further. More discrepancies b/t what he told me terms were during trial and what he was saying they were now. I told him I did not agree and was not going to sign if that's how it is going to be written. I called 3 more times bf judge justice signed prop jdgmnt (12/29) and made it final jdgmnt on 12/30/2014. ( Judge Justice last day as ass judge was 12/31/2014. Eric Eighmy, my ex att, was sworn into office as new assc court judge Jan 1, 2015) I filed motion to vacate and reopen judgement 01/28/2015. My att motioned to withdraw. At hearing he was granted his withdrawl and my ex granted continuance. Eric Eighmy (new judge and ex former att) recused to to conflict and judge williams assigned per local rule. Ex new att motioned up my motion to vacate and hearing was set 2/5/2015. At hearing, judge william said he hadn't had time to review the motion papers and will do so as soon as he can and then make his ruling. I AM STILL WAITING. NO OTHER DOCKET ENTRIES since. What do I do? How can I get relief from a consent judgement were the terms written in order is not what I agreed to consent to??mI'm sure I've missed some timeline/deadline to file the right papers but just in case I can stil do something to stop this, I am turning to you. The experts. Please help me. Just looking at the final judgement any sane person will see its completely unfair, not equitable, and an injustice. THANK YOU!