Spouse won't finish divorce after settlement agreement
Dennis: Yes, Sir. Thank you for taking my call. My wife and I decided to get a divorce in February, 2012 and -- can you hear me?
Tom: I can, go ahead.
Dennis: -- and we worked on all the details. She has a lawyer we both agreed upon, we have no property, we have no children. We came up with an agreement; her lawyer drew up the agreement. I signed the agreement, now she refuses to file it with the court. What do I do now?
Tom: What you signed was a property and marital agreement. I congratulate you Dennis and your soon-to-be ex-wife for getting it done that way; that is the best way. Do you have a copy of that marital and property settlement agreement that’s been fully executed by both you and your wife?
Dennis: No. Her lawyer will not give me a copy.
Tom: Well, that’s flat out wrong, Dennis. You signed it, you should have a copy.
Dennis: Yes. I’ve been trying to get a copy, since we signed it in March and her lawyer keeps on saying no.
Tom: I’m not pleased at all about that Dennis. But what that marital and property settlement agreement says is that either one of you can go to Court and present this to the judge and get a final judgment of divorce based on this marital and property settlement agreement. So, we’re hoping that she would take the initiative, get down there, get before a judge, raise her hand and get her divorce officially granted. But if she won’t, that settlement agreement probably gives you the right to do the same thing.
Now Dennis, here’s the good news. Paul Newnum, he is my family law divorce attorney, he is at my office right now Dennis so you can hang up with me, call Paul Newnum, he can maybe give you some more details about how to move this thing forward, Dennis, which you absolutely should. And by the way, I’d be very curious to see what Paul says about this attorney not giving you a copy of the settlement agreement that you actually signed because that does not sound right or kosher to me.