Legal Question in Family Law in Florida
When he refuses to sign the Agreement
What is going to happen now that my husband has refused to sign the marital settlement agreement? His reasons are financial. He doesn't want me to receive any of his retirement benefits, pay the 51% of daycare cost, or the $680.00 monthly child support. He would like to pay $500.00 in monthly child support and that's it. So we obviously do not agree. I am filing for divorce anyway, but I don't understand if this will be negotiable between lawyers. Will I have to give a deposition? Please explain the procedure to me.
2 Answers from Attorneys
Re: When he refuses to sign the Agreement
Sounds like to me that your Husband is just denying the inevitable but unless someone other than you tells him that I doubt you can convince him. If signing the MSA is paramount, which I believe it is consider a little giving on your part, ie. you can accept a lower amount of monthly support, but he give you lump sum alimony or all the equity in the maritial home. Otherwise, proceed with the filing and keep offering him settlement, most counties take 9-24 months to get a court date, as well as mandatory mediation where they will tell him what I just said. You might want to consider getting a lawyer that specializes in uncontested divorce.
Re: When he refuses to sign the Agreement
Proceed to file your DOM. There will be numerous opportunities during that process to settle the case. After you file both parties will be required to supply current and recent financial info. Depositions may be taken. A temporary hearing may take place. Then mediation. And then, if the case hasn't settled a final hearing will be conducted. Hope this helps.