QUESTION
What can I do if she and her attorney are not complying with our Marital Settlement Agreement?
Asked on Jun 19th, 2015 on Divorce - Wisconsin
More details to this question:
My wife and I filed for a divorce and have an MSA. We both have attorneys. I signed the MSA and also paid 90% of equalization payment that was agreed upon to my wife and she accepted it. My wife and her attorney now seem to be dragging their feet on signing it. What would be my next steps to have her comply?
8 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Why did you pay her before she signed. If you don't get something soon you may be able to file a motion to compel. Talk to your lawyer, that's why you have one.
Answered on Jun 19th, 2015 at 5:07 PM
If she has not signed the agreement, then there is no agreement. You can file for a trial date and have the Court set the matter. If that doesn't expedite the signature of your spouse, just go to trial and deal with everything there. Don't wait, move your matter right along.
Answered on Jun 19th, 2015 at 4:16 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You cannot force someone to sign an agreement, even if you have a "verbal agreement". She either agrees and will sign, or doesn't and she won't, in which case it would proceed to court.
Answered on Jun 19th, 2015 at 3:26 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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What does your attorney say?
Answered on Jun 19th, 2015 at 11:56 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It certainly sounds unusual for your lawyer to let payment go to your estranged wife without either (a) a signed agreement from her; or (b) a letter enclosing the payment stating that the payment is sent in trust, to be deposited or used only if there is a complete settlement. Have a strong talk with your lawyer. Get him or her to pressure the other side to sign the document without delay, or go back to court to contest the whole thing if after consultation that is what you and the lawyer think is best.
Answered on Jun 19th, 2015 at 11:01 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You have an attorney, you need to ask the person most familiar with your situation, your attorney.
Answered on Jun 19th, 2015 at 9:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Ask the attorney you are paying and who understands the case.
Answered on Jun 19th, 2015 at 9:34 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, if it hasn't been ordered by the court there is no enforcing it; however, if there is detrimental reliance you can sometimes force them to comply.
Answered on Jun 19th, 2015 at 9:14 AM