Legal Question in Family Law in California
Wife filed for divorce in Jan 2013 and I didnt contest it. Now in Dec 2013, she is telling me I need to sign a marriage settlement agreement in order for it to go through. Is that true? I thought she just need to ask for a default judgement and be done. How can one party keep the other from a divorce by not signing/agreeing a document?
3 Answers from Attorneys
If you disagree with the MSA terms, set the matter to be heard by the judge.
You are correct that one party cannot prevent the other from getting a divorce by refusing to sign papers. Due to the risk of fraud and other unfair results when only one party is participating, however, default cases require more work and jumping through more hoops, by far, than if the parties both sign off on a notarized agreement. So there is far less time, trouble and expense involved in a divorce with a signed agreement than without.
I agree with Mr. McCormick. She has probably sought some good legal advice that has pointed out that it is better for her to get a divorce with an agreement than by a default prove up.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
