If you don’t understand…don’t sign.

I recently met with a client who is quite distraught over the fact she signed some important papers she now claims she did not read or understand.  She now wants to go back to court and undo the damage.   This client has some major hurdles to overcome in order for that to happen.  In the first place, she was represented by an experienced, well-liked and respected divorce attorney when she signed the documents.  In the second place this individual was asked by a settlement conference judge, specifically,  if she had read the document before signing, and if she understood it, or did she have any questions.

The client claimed to be an emotional wreck at the time, suffering from depression.  Assuming that is true, here is another problem with her story.   I have practiced divorce law for more than 15 years.  In my experience, if the settlement conference judge observes hesitation, or a reluctance on the part of the party, they will stop the proceeding until they are comfortable that the party is signing the documents knowlingly and willingly.

The point? Do NOT sign anything unless and until you understand what you are signing and agree with the terms.

Even if this individual files a motion to set-aside, it will be expensive, and if the judge doesn’t think she had a good enough reason to bring the motion he can deny the motion and order her to pay attorney fees to the other side.

http://www.RobertBuschLaw.com