Divorce Consultant, Attorney Peggy J. Brammer

Susan filed a motion to set aside a previously executed MSA (marital settlement agreement) because her background facts constituted grounds for good cause. By definition this meant she had to file in court and have the case heard by a judge; one is not going to be able to settle privately in this circumstance. And even though her set of facts constituted good cause, the courts are always reluctant to set aside previously signed and sealed agreements. The last time I wrote about Susan (Trial Strategy: Use Your Emotions, Don’t Succumb To Your Emotions) I focused on the issue of using one’s emotions in a legal setting in a directed way; emotionally react to the other side’s legal maneuvering in private and than search for the reason behind the strategy and employ your own strategy in light of those facts. In Susan’s case, after motions were filed but before they were decided, the case went before the court as a settlement conference where the entire matter was settled. It was a positive outcome for Susan.

Lesson: Don’t be afraid to use the courts if necessary, just do so wisely. This case is an example of a situation where litigating in court was the only option. Many of you who follow my comments know I feel strongly about staying out of court if possible, but in some instances one has no choice. To set aside previously executed agreements is rarely successful and requires the intervention of the court.

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Susan’s dilemma:
A motion was filed to set aside an existing marital settlement agreement, a difficult task in the best of circumstances but necessary here given the unconscionable settlement agreement and emotional condition of Susan. It was clear it would be tough, husband was being challenged to part with money, money that belonged half to wife and he had cheated her out of; but it was hard to predict the type of legal maneuvering that husband produced.

Lesson: instead of reacting to the ‘maneuvered motion’ leveled against you, consider the reason behind it, strategy, and employ your own. Know your emotions, embrace them for their knowledge, but don’t succumb to your emotions. Calmly oppose the request for a TRO and react in private.

Staying focused in the most difficult of times always gets the best results. It’s also the hardest time to stay focused, which is why having a divorce consultant to help you process information and direct the hired attorney during this challenging time becomes invaluable in the long run: for net result, reducing out of pocket attorney fees, and creating a calmer state of mind.

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