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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-29-2010, 04:06 PM
BitHunter BitHunter is offline
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When a party is represented by a lawyer and an agreement is reached, endorsed by a judge and made into a final order, can that party claim that she didn't have an independent legal advice and ask for a change without a material change in the circumstances?
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Old 11-29-2010, 05:11 PM
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No. If they had representation and a judge made an order, they either need to appeal based on the judge making an error in the law, OR they need a material change in circumstance.

They can attempt to claim otherwise, but if they do, simply request costs for the unnecessary litigation.
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Old 11-29-2010, 06:32 PM
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Thank you! One less concern, and I'll sleep a bit better.
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Old 11-29-2010, 09:08 PM
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Not necessarily...sorry!

A claim can be made that the legal advice given was based on less than all facts, that the legal advice was not understood, or that the lawyer was not acting in the client's best interest. All very valid reasons for a material change...but in any of the cases, I'd want to see the letter of complaint to the law society!
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Old 11-29-2010, 09:21 PM
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My ex depends on her idiot and combative lawyer, (and this is a "free" lawyer, so she can't just choose another one) so she will not turn against her claiming that she is incompetent or idiot. (although she would have all reasons for this)
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