Marital Agreement Marital Settlement Agreement

Question: What should I look out for / what should I include in Marital Settlement Agreement? Me and my attorney are getting ready to sit down with soon to be x-wife and her attorney to complete a marital settlement agreement here in Wi this Friday. What should I look out for / what to include in Marital Settlement Agreement?

Answer: If you have children, GET IT IN WRITING as to who claims them on taxes.

Question: Does a Marital Settlement Agreement in PA need signed by both b4 filed? I am filing for divorce in PA. We do have property and a child together so I'm filling out a Marital Settlement Agreement along with the Divorce complaint. Does my soon to be ex need to sign the msa before I take it with the complaint to be filed?

Answer: Call the court. They will be able to answer that question better than any of us could and they will answer it for free.

Question: If an ex-spouse does not uphold their part of a marital settlement agreement, how do I go about prosecuting? Please do not say "ask a lawyer" or anything similar to that. I am looking for information on how to go about it in court. *The divorce was in Texas. *The spouse was to take over payments and paperwork regarding a vehicle and did not do so, resulting in the vehicle being repo-ed. *The marital settlement agreement was reviewed and approved in court the day of divorce. The amount is more than allowed in small claims court. The amount is $13,000 and the small claims cap is $5,000.

Answer: If your only concern is the car than you really don't need a lawyer. Sorry to tell you but you say take over the payments, so I'm assuming that the vehicle was financed in your name or both of your names. That means that if it was repossessed it's on your credit now. That you will not be able to remedy. If your concern is being contacted by the finance company then all you have to do is fax a copy of your divorce decree to the creditor/collection agency. Lastly if you are concerned about any money he might owe you than you simply have to file another motion with the family court. Hope that helps. Good Luck.

Question: How do you reach a marital settlement agreement with an angry person who is unwilling to negotiate? Angry, unresponsive husband is unwilling to negotiate or communicate about anything (including asset and liability division) etc. Does not answer phone or e-mail. Agreement can be very simple and I would rather not use a lawyer for this purpose.

Answer: You don't. You get an attorney and let a judge decide...unfortunately that's the nature of divorce.

Question: Is a marital settlement agreement form required in a uncontested divorce with no property or children in CA?

Answer: I'd check with an attorney or the "do it yourself divorce book" by a couple of attorneys in San Jose, CA. I think you do, just to sort out bills, investments & income. Good luck to you!!

Question: Pro se divorce question about assets and Marital Settlement Agreement? When both parties are amicable and on good terms, is it necessary to list all assets, accounts and property that the other party owns or has title to if you have no plans to claim against them? What are the possible legal ramifications if certain income or property is left out?

Answer: That's the entire point of an asset inventory. Everything other than minimal value ($100 in CA last i did one) has to be listed on the inventory. This is needed to ensure that both parties are aware of all the assets and liabilities of the MSA and can make informed decisions. If you do incomplete or sloppy work, the judge will not sign off on it. It also prevents fraudulent actions, like if someone had a valuable art work they "forgot" to list and later sold on the sly. Finally, it prevents both parties from later claiming ignorance and attempting to make a claim against the other. Be honest, be fair and do the paperwork correctly. Your "intent" doesn't mean anything, only what the court documents say matters.

Question: how to enforce a marital settlement agreement in California? what forms to file to enforce a marital settlement agreement?

Answer: You should really talk to an attorney about this. But whatever you do, you have to persist at it. No matter what you do, if it's really important to you, never give up! I would suggest having a negoitator as a go between. That's what people do in cases that involve child support so why not settlements, too?

Question: Marital settlement agreement- addendum to judgment? I'M IN THE LAST STAGE OF MY DIVORCE. I NEED TO HAVE MY EX-WIFE SIGN MARITAL SETTLEMENT AGREEMENT-ADDENDUM TO JUDGMENT FORM. SHE MOVED OUT OF CALIFORNIA, WHAT CAN I DO IF I CAN'T GET IN TOUCH WITH HER?

Answer: That is why you have an attorney. He should be on top of this. In some events when a spouse cannot be located, a judge may proceed and she won't get a darn thing. But in order for that to happen, your attorney MUST show that good attempts were made. Honey I have been married 4 times, divorced 3... this is simple.

Question: after you submit a marital settlement agreement how long does it take for the divorce to become final in los a me and my wife came to an agreement instead of fighting in court anybody that went through something like this in california can tell me how long it took before the divorce became final? a divorce hearing is allready pending in los angeles but we decided instead to file this agreement and we will file it in a couple weeks will highly appreciate your help

Answer: Usually it is a month or two after the final hearing - takes a month for the paperwork to get approved and the order usually becomes effective within the next month. If you file it in a couple of weeks at the most it will be 1-3 months until a final order is signed and put into effect. Hope I helped. But that all depends on the backlog in the family court and if you are first on the docket. If it is uncontested and all agreed upon it should happen quicker than a contested divorce.

Question: Divorce in nyc question and Marital Settlement Agreement? My wife of four years and i have agreed on getting a divorce. she does not want to have children and i do. we have joint owner ship in a car and a house. she wants to walk from all of it and give it to me. the problem is that we both cant aford lawyer fees right now. can i use that website legalzoom.com to get a divorce and get owner ship of the car and house? has anyone used this website? will the court or the bank uphold the documents i buy from legalzoom.com.

Answer: An agreement, drawn up by a lawyer, signed, and notarized, should be sufficient...and not very expensive!

Question: Is a marital settlement agreement good? My husband told me a few weeks ago that he wanted a divorce, and what not...and basically i knew i would have to move back with family.. my question is he decided..we both did actually, decided to take a separation for now...but he wants to draft up a marital settlement agreement. That's just a contract saying we are separated and not beginning of divorce papers, correct? I just want to make sure, that way when i do leave with our son, he doesn't send something up for divorce, he said he is willing to try and work it out and we might just need some time apart to help us..thanks mostly i more then him at the moment, believe that we just need time away from each other. and in the hopes we can reconcile and get back together.

Answer: No. They are worthless. You need to immediately go to family court and have them determine child support payments before anything is set up for divorce. Once he sees how much he has to pay he'll probably get back together with you. Otherwise, he'll get mad, do dumb things, and ruin his chances for getting decent leverage in divorce proceedings.

Question: Legal/bankruptcy/divorce - Can a strong marital settlement agreement protect me financially in this scenario? I live in CA. I will be married for three years on 8/3/10. My husband did not disclose to me the full extent of the debt in his name until late March 2010. I thought he had three credit cards, but there were more cards, credit lines, and debt I wasn't aware of. He told me he has to file for bankruptcy. If we stay married and I don't file too, his creditors can come after me for the debt since it is a community property state and he used the cards during our marriage. If I do file with him, my credit will be ruined. Our bankruptcy attorney said a divorce with a marital settlement agreement saying I am relieved of the debt and my husband is responsible would legally protect me. Our relationship has been on rocky ground for over a year and were already considering divorce when this bankruptcy issue came up. I have good credit (729) and want to keep it that way so I can get student loans, rent an apartment, etc. If we have to get a divorce to protect me financially, we have both agreed it would be fair to draw up a marital settlement agreement that clearly assigns the debt to my husband. He opened these accounts alone. I did not sign on to any of these cards. They are all in my husband's name, but on two of them (totaling $11,200 in debt), I was added as an authorized user, meaning he apparently signed me onto these two cards as would a parent sign on a teenager. Here's my question: is my attorney correct? Is it possible to draft a MSA that protects me from being liable to his creditors for this debt as long as he waits to file bankruptcy until after the divorce is final? We'd like to know if there is any way that I can be free from this debt. We may still try to work out our issues and get re-married if we can, but in the meantime, I'd like to be protected. Thank you very much for your time! TheOne: I'm not sure about your bankruptcies, maybe they were Chapter 13, where you pay back a portion of your debt. Were you in another state? In CA, a Chapter 7, the kind he'd be getting, does eliminate (legal term: discharge) almost all debts. Credit is definitely, absolutely, adversely affected by a bankruptcy, & mine would be too. We file together. I'm concerned that your status as a top contributor gives an image that you are fully-informed on these types of legal matters. Maybe saying "I'm not sure if that is true" instead of "That is not true" is better. All my research & attorney advice says otherwise & makes me wonderabout the legitimacy of your answer, though it is clear you are a nice person with good intentions. I do have an attorney from a large firm specializing only in bankruptcy and creditor harrassment, but thought it never hurts to ask around. Thanks for your response, I just think your situation must have been much different, or you were misinformed about CA law. Annie- can you explain a little more? Thanks!!

Answer: I don't know who told you those things about bankruptcy. It is not true. Make sure that the lawyer you see is a specialist that specializes in bankruptcy, not just a regular lawyer. I have declared bankruptcy twice (for medical bills - I have a medical condition that is rare, requiring surgery). I have purchased cars, property, and rented homes and apartments before and after the bankruptcy. My credit was not ruined. Bankruptcy does not mean your debt is erased. It means you pay back your bills. So, you need to change your mind about that. If he declares bankruptcy ? It does not effect you. My bankruptcy did not effect my husband at all. We do not file taxes together. You need an attorney. Reference this site for free legal advice. I ran across this site when I was looking for legal advice. It is free and has real / licensed lawyers. Don’t forget, lawyers will meet with you for an initial meeting for free. Also, nowadays, many lawyers will make arrangements with you for payments on a weekly, bi-weekly basis. Don’t forget, licensed professionals, like everyone else, are having a hard time making ends meet. They are willing to work with you. Just get out your telephone book and start calling them (if you don’t want to check out the site). Peace. ☺♥☻

Question: Will an old marital settlement agreement signed a year prior override a recent child support judgement? MSA was signed over a year ago. Child support amount was set in court recently. If the MSA is filed with the judgement (I have a stupid attorney) will the amount in the MSA override the amount set in court?

Answer: In general a court order always trumps an agreement made by the parties. I am assuming the MSA made arrangements for child support. If it did then the court order trumps. If it did not then the court order trumps.

Question: What can I do to force my soon to be ex to sign the marital settlement agreement.? What can I do to force my soon to be ex to sign the marital settlement agreement. He is refusing to sign it and does not want to sign the child support guidline either, even though I have asked him over and over again. I can't afford an attorney so I am doing it myself. I have no idea where he lives. Although I do have his telephone number, he is no longer speaking to me, at all. I saw where someone said to file a 30 day notice. I Googled for the information (and an example of how to draft one) and haven't been able to find anything even remotely similar to a 30 day notice in a divorce case. I saw where someone else mentioned drafting a Summons advising the respondent that he has 30 days to respond, but again, I can't seem to find an example of that either. Not sure what to do now. I am trapped. Any advice, comment, opinion, ideas, or input would be appreciated. Thanks!

Answer: I don't know much about this but have seen these placed in the local paper. So wherever he is, place ads in that local paper regarding the notices that you want him to see. You can provide this information to the courts as proof that you tried to notify him of whatever proceedings that you are going to settle and he has 30 days to respond, if not I think something is void, (His side or something, not sure) and I'm pretty sure this is admissible in court. Maybe your local court house can help you or someone at Legal Aid.

Question: when does a marital settlement agreement become a binding contract?

Answer: When it is a written agreement between both parties.It then becomes binding because two people have agreed upon it and signed the agreement. It should be notorized and then docketed , where it is then on file at the courthouse. So a written agreement should be drawn up by an attorney and followed through the necesssary steps.

Question: Marital settlement agreement in South Dakota? Please help, I am trying to get a divorce in South Dakota. My ex and I agree on the terms and are trying to be friendly about the whole thing so does anyone know if SD recognizes the settlement agreement as proper filing? We have worked out all the details like child support and custody as well as who gets what, but he has quite a temper and I am afraid that if I actually serve him with papers he will not be happy and I can not afford an attorney.

Answer: Go to the state website and use the search engine provided. The answer you seek is there. All .gov websites are in adobe format. You will have to do the research yourself but that's a good starting point.

Question: Do I HAVE to fill out a marital settlement agreement? I am filing a no-fault do-it-yourself divorce this week. My husband and I have only been married 47 days. I moved into his house for this time. We have no joint bills. No accounts are joint. We have no assets together. He has 3 children but they are from previous marriage. We have no children together. I am in Georgia Is this form enough? Can I just complete this? http://www.ilrg.com/forms/divorce-mc/us/ga

Answer: go ahead you will get the same soon

Question: This is for a divorce? What goes in the blank? By the term of this marital Settlement Agreement they have settled all of the issues relating to their marriage, including the division of all of their property, the disposition of all of their bills and obligations, the need for any alimony, maintenance or spousal support, ___________.

Answer: Ask your lawyer .... But I was always told never leave a blank space on any document your gonna sign ... you don't want it filled in later after you sign it.

Question: what final documents do I need to file to finish my divorce? I have the Marital Settlement Agreement and Support Stipulation (agreed to by both parties) finished. It is well past the "cooling off period" from when we filed. I know I need to file 1) Affidavit of consent 2) Waiver of notice of intent 3) Decree - Praecipe to transmit 4) Vital Statistics. what else do I need to file?

Answer: Hello Do not take Divorce. When you both are settled for Divorce and why you both are not comming a Compromise to Avoid Divorce. Once again I request you do not take Divorce. I am praying God your Divorce will cancell in Court and God will give you a settled Life and live together. I THINK THIS WILL HAPPEND TO YOU. I think you will send e.mail to me regarding cancellation of Divorce. [email protected]

Question: How do I request a garnishment of my ex-wife's wages for not honoring the terms of our settlement? When we were divorced we signed a marital settlement. Now she is not keeping her side of the agreement. What specifically (who do I contact) can I do to proceed with legal action? I would prefer not to get an attorney.

Answer: go to the IRS