QUESTION
What can I do if the husband is desperate to finalized the divorce but the wife don't want to settle?
Asked on Apr 19th, 2014 on Divorce - Florida
More details to this question:
My son hired a lawyer and at front, he mentioned he needs to settle out of court but wife don’t want to settle. Knowing the case is going to court but he don’t have more money, can the next amount after the retainer can be paid in installments? It is so unfair he don’t even have where to live, and was married for just 1 year. PLEASE HELP. Thank you.
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
This is clearly a your son's issue and will he will have to deal with it. Generally, and divorces and other litigations, there is no means by which a person can be forced to settle if they do not want to. In those cases the decision is made by the judge. From your recitation of the facts he has an attorney, and therefore should be taking his advice from that source. You will do him no favors by second-guessing.
Answered on Apr 22nd, 2014 at 10:29 AM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
It is up to the attorney and your son to negotiate the terms of the sums due the attorney.
Answered on Apr 21st, 2014 at 2:14 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
No one is ever forced to settle. It's cheaper and easier, but it's not a requirement. If the divorce has been filed, he needs to (in many counties) set up a mediation to try to settle. Often this service can be had for free if he doesn't have much money. Again it depends on the county. If they can't settle in mediation, he'll have to go to trial.
Answered on Apr 21st, 2014 at 2:13 PM
If either party does not want to settle, the case will go to the Judge and the Judge will make all decisions on behalf of the parties no matter whether or not the parties like the decision that is made. Has anyone discussed this, this way, with the other spouse? How attorney's fees are paid by the client is between the attorney and the client. Whatever they can agree to will work. Good luck.
Answered on Apr 21st, 2014 at 2:10 PM