Question about divorce petitions

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Thomas_John

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My wife filed for divorce and had a petition delivered to me which I signed. I was told that the petition "can be changed at any time" as long as we agree about the changes. While things seemed for some time that we were in agreement, it is appearing now that I was not told the whole truth about some things. My question is that the petition included reference to a property which is mortgaged to both of us. The reference in the petition states that reponsibility to that property (the mortgage) is entirely mine. Now that I realize some dishonesty along the way, I want the petition to be changed. I cannot afford an attorney and I understand citizens can represent themselvees. If I wait for the court date to challenge the existing petition, is that okay to do? Can I go to the court session and then say that I want the property mortgaged to both of us to be listed as both our responsibility, 50/50 split. ? I realize my question is not worded well but it is because it is very complicated and I'm trying to shorten it to get to the main thing I need to know.
Thank you very much in advance.
Thomas John
 
You should have had to provide a response to the petitioin, and without that, you may have defaulted.

YOu signed a petitioin? I am assuming you came to some agreement, and that's about as far as it has gone. Is this correct?
 
I didn't do a response. We had reached an agreement. That was documented in the petition which is why I signed it. But now that agreement seems flawed, should not have been made. And, yes, that is as far as it has gone, I mean since the petition as signed, it went forward and there is a court date set. This is the state of Washington. I was sort of hoping someone would tell me that I can go to this court session and there state that I believe a different settlement needs to be made for xyz reasons. Thanks for you reply. I appreciate it. What do you think now that I have said this?
 
Okay, then you should have an order. The judge should have signed something after you and your ex did.

Here is an example:

This following information is from a case where the parties settled, through a settlement conference; but, the Father felt that he was pressured into signing by all the parties; including his own attorney. Includes Case Law; Citings, and some pleading work that will be most helpful if a father feels that the resulting orders of the court must be vacated because of fraud, undue pressure, mistakes, irregulatrities and other such actions on the part of the opposing side.

INFO: DeLisle v. S.M.C., 41 Wn.App. 596, 705 Pac.2d 283 (1985) , one party alleged that in oral arguments a stipulation had been made that the two-year statutory of limitations would apply. A written document was signed "approved as to form" only. There is no report of the supposed oral stipulations in the record. The court held there was no evidence of a stipulation, assuming that there was authority to make such an agreement in the first place.

In dicta, the court stated:

Stipulations conforming to these requirements are binding, unless mistake, misunderstanding or a lack of jurisdiction is shown. Baird v. Baird, 6 Wn.App. 587, 494 P. 2d 1387 (1972)

Baird v. Baird, 6 Wn. App. 587, 494 P.2d 1387 (Div I, 1972) holds stipulations of counsel are binding on the parties.
Only if fraud, mistake, misunderstanding or lack of jurisdiction is shown will a judgment by consent be reviewed on appeal.

Judgment by consent or stipulation of the parties is construed as a contract between them embodying the terms of the judgment. It excuses all prior errors and operates to end all controversy between the parties, within the scope of the judgment. In the absence of fraud, mistake or want of jurisdiction, a judgment by consent will not be reviewed on appeal.

I have more, let me know if you want all of the arguments and case law fromt he case. Check your pms.
 
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