Ocean Springs Divorce Lawyer – Just Forget The Judge!

Can you just say forget it and don’t worry about what the Judge says in your Ocean Springs divorce?

I would recommend not.

Let’s look at what Dennis Pearson decides to do after a Judge tells him what he must do.

Dennis and Patricia get married.

Their divorce is granted on April 30, 2002.

On May 22, 2013, Patricia has to file a lawsuit against Dennis for not doing what the Judge told him to do when they were divorced.

Dennis still doesn’t listen and hires a lawyer.

Dennis says since he never signed the written Order he doesn’t have to do what it says.

Dennis says, heck, my lawyer didn’t sign it either so why do I have to do what the Order says?

The problem with this argument is that a hearing was held in Court before the Judge.

Dennis’ lawyer says, in front of everyone, what the agreement is between Dennis and Patricia.

Ocean Springs Divorce Lawyer – Is A Divorce A Contract?

During the August 16, 2005 hearing, Dennis’s attorney says:

“We have reached an agreement regarding all issues contained in the pleadings.”

Dennis’ lawyer then details all the modifications to the visitation schedule; the requirement that within sixty days, Patricia would refinance the marital home, Dennis would quitclaim his interest in the marital home to her, and she would be responsible for all mortgage payments on the home; the parties’ agreement to waive any contempt issues regarding past-due bills or visitation; and each parent’s right to claim one child as a dependent for tax purposes.

Because this Judge has had people do this before, he knew that he needed to ask some questions after Dennis’ lawyer says all of this so the Judge asks Dennis:

Q. Did you understand what the attorneys read into the record as your agreement?

A. Yes, I do.

Q. Was that your agreement?

A. That’s correct.

Do you understand that this agreement will be put into writing and will
become the court’s order?

Yes, I do.

Q. And you understand that failure to follow the agreement could result in
a contempt charge against you?

A. I do

Ocean Springs Divorce Lawyer – What Is the Law?

So what is the law?

In Samples v. Davis, 904 So. 2d 1061, a 2004 Mississippi Supreme Court case the Court held, “If parties reach an agreement, the agreement containing the terms should be signed bythe parties’ attorneys
or in appropriate cases, the parties, or recorded by the court reporter.”

So what does all that mean in English?

It means if you agree to something, whether you sign it or not, you are bound by it.

It’s no different than signing a contract.

If you don’t agree to the contract, then don’t sign it.

You can’t later come back and say, “I didn’t know” or “I didn’t read it” or some other such non-sense.

Dennis agrees in Court in front of the Judge and his lawyer to all these terms and then later tries to back out of it.

If you do that, you are going to get in trouble with the Judge.

The Judge held Dennis in contempt and made him pay Patricia’s attorney’s fees.

You can read more about Dennis Pearson v Patricia Pearson’s case by clicking on the link below.

Ocean Springs Divorce Lawyer – Contempt