QUESTION
Is a divorce final if neither party sign the papers?
Asked on Jun 17th, 2013 on Divorce - Michigan
More details to this question:
My wife and I both have our own attorneys, no children, and shared property. We both agreed that we don't want to sign any papers and we have also agreed on the splitting of property. If neither of us sign, will the divorce be final? Is there another way?
8 ANSWERS
If the agreement was entered into in open court then the dissolution is done. Otherwise, if you do not sign the paperwork the proceeding remains incomplete.
Answered on Jun 20th, 2013 at 8:43 PM
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
My real question here is why, if you both have counsel, you are asking this question in this forum. Generally speaking your dissolution will not be final until a decree of dissolution is entered. The usual procedure when parties agree is the preparation of a consent decree, which both parties and their respective attorneys sign. With a consent decree no one has to go to a court hearing. I will leave the balance of the information about consent decrees to your attorney, whom you are presumably paying to give you this kind of advice.
Answered on Jun 19th, 2013 at 2:32 PM
4 Awards
You really need to discuss your concern about "signing papers" with your attorney, since you indicate you each have one. You can get a divorce without the Judge dividing any assets or debts, but this is an extremely, extremely dangerous route to go and can leave you in a terribly vulnerable position not just as against your spouse but as to third parties in the future. If you are in agreement on the division of property, it is extremely suspicious that you would not want to ensure that agreement was recognized by the Court and any others who need to know (title, mortgage, tax, etc.).
Answered on Jun 18th, 2013 at 1:58 PM
Carolyn Roschelle Jones
In Florida in order to have a uncontested divorce there has to a signed Marital Settlement Agreement by the parties. If not then you have to go mediation and have a hearing. If you have counsel you should confer with them.
Answered on Jun 18th, 2013 at 1:49 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
I'm very confused on this question. You have an agreement, but neither of you want to sign that you agree? An unsigned agreement isn't an agreement. How would you prove that those terms are the ones you agreed to? Or are you saying that you want to go to trial and each present your side of the evidence and ask for what you want and then make the Judge make the orders after hearing from both of you?
Answered on Jun 18th, 2013 at 1:49 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
Yes, you can have a trial. Testimony taken, evidence entered and the court will decide what will happen, not you.
Answered on Jun 18th, 2013 at 1:34 PM
Family Law Attorney serving Las Vegas, NV
at
Law Offices of Webster & Associates
Update Your Profile
If you have any attorney, you should ask your attorney the status of your divorce proceedings. Also, you should speak to your attorney about what you are trying to accomplish.
Answered on Jun 18th, 2013 at 1:19 PM
Divorce Attorney serving Bloomfield Hills, MI
at
Catchick Law, P.C.
Update Your Profile
In Michigan, for a divorce to be binding and legal, there must be a proper jurisdictional basis, plus a proper Complaint for Divorce needs to be filed and served on the other Party, and a written Judgment of Divorce (containing all the requisite provisions provided by the statutes and the Michigan Rules of Court) needs to be signed by the Judge.
Answered on Jun 18th, 2013 at 1:16 PM