Q: Can a proposed consent order be changed by the opposing party after a final hearing was had for a divorce settlement?
The opposing counsel refuses to accept the counteroffer/proposed order defendant sent to them. He refused because the "language" is not written in legalese but their client has already agreed to the counteroffer. Is this considered unethical of the opposing attorney to deny an agreement his client and the defendant have already made an agreement to? He stated to his client that the agreement can not be altered if it was already submitted at the hearing BUT requests the defendant advise him on any changes or disagreements to his draft. Which implies changes can be made but the attorney refuses to let his client sign even though the client agrees to the counteroffer as it is the same substance, form was written to make sure both parties understood what is being said as they do not fully understand legalese language. Only the defendant is refusing to sign the proposed order due to language added by opposing counsel not agreed to by defendant. Attorney refuses to accept counter proposal
A: Without seeing the facts of this case, I would say that if a final hearing has take place then it is a settled case. However, the person may be able to file for a modification. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
A: If the parties cannot agree on the language of the final order then the parties should each file a unilateral order and then go back to court and ask the judge which one is more correct.
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