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Judge orders mediation, gives 20 days for filings in post-separation property dispute
Summary
In a dispute over a separation agreement and alleged unpaid obligations tied to property and support, the court ordered the parties to attempt mediation within 30 days and gave the husband 20 days to file a detailed motion; the judge scheduled a later hearing if the parties cannot resolve their claims.
A Cumberland County judge ordered the parties to attempt mediation and set a procedural timetable in a contested post-separation property-and-support dispute brought by a former spouse.
The dispute centers on a separation agreement and whether the defendant satisfied obligations tied to a $60,000 payment, certain personal property (motorcycle and tools), and unpaid child support and alimony. Counsel described a handwritten agreement incorporated into a decree and disagreement over whether the agreement should be enforced or set aside for alleged duress, mistake or nondisclosure.
Counsel for the plaintiff (Karen Head) filed a motion seeking relief and a competing motion for summary judgment. The plaintiff's lawyer told the court the record includes testimony and documentary materials addressing whether full disclosure occurred and whether the will or deed that would implement the agreement was executed.
The judge directed the parties to select and complete mediation within 30 days and ordered that the husband (the filing party without counsel present) obtain counsel and file a detailed motion within 20 days explaining why the separation agreement should be set aside. The court gave the opposing party 20 days to respond after that filing and said it would schedule a hearing to resolve the dispute if mediation did not produce an agreed outcome.
The judge noted a personal acquaintance with a suggested mediator (former Justice Joe Lambert) but said that would not preclude selecting a mediator acceptable to both parties. The court also warned the self-represented party that, while the court would allow him to proceed pro se briefly, he would be held to standards expected of attorneys and must set out detailed claims rather than raise summary objections.
The court continued other family-docket items to April for review where necessary and emphasized that parties who wished to protect claims must file complete motions and evidence under the local rules.
The judge scheduled follow-up procedures: 20 days for the husband to file his motion and 20 days for the plaintiff to answer, then a mediation attempt within 30 days and a return hearing if mediation fails.
