QUESTION

Will my divorce settlement be enforceable? How?

Asked on Apr 29th, 2015 on Divorce - Louisiana
More details to this question:
My ex husband and I notarized our settlement agreement and had everything signed. Does this have to go through the court before it is legally binding or is it ok now?
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8 ANSWERS

Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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It has to go through the Court.
Answered on May 01st, 2015 at 10:55 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You are not divorced until a court issues a decree of dissolution. Your settlement is nothing but a contract, that can become part of the decree if it is reasonable. If no one has filed a petition for dissolution of the marriage, nothing legally has happened. 90 days after the petition is filed and served, you can ask the court for a decree.
Answered on May 01st, 2015 at 5:39 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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It has to go through court.
Answered on Apr 30th, 2015 at 12:32 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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To be divorced in Nebraska you absolutely must go through the Courts. There is a specific process, certain things that must be stated in your Complaint, the other party (spouse) must be served or sign a voluntary appearance, the statutory waiting period must pass, and then you can have a final hearing or submit your very specific certification affidavit (if no children are involved) and property settlement and proposed Decree for the court to sign. If you have children together, you must also comply with Nebraska's Parenting Act laws including taking the co-parenting class and using mediation if necessary. To get a basic understanding of the process, you can review the pro se/self help forms available from the Nebraska Supreme Court web site. Those forms will help if you do not have real property or retirement funds, etc. Your best option is to at least visit with an experienced divorce lawyer to make sure you understand the process. Best wishes.
Answered on Apr 30th, 2015 at 12:24 PM

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This sounds much like a question I answered this morning. There is no magic to notarizing an agreement except that it's hard to deny that you signed it. Whether it is enforceable is a harder question especially since I have not seen it. Any purported contract might be open to question. It might, for example be against public policy. If it is a settlement of marital property, it must be fair at its inception (which includes several criteria) and it must be fair when one party seeks to enforce it. It sounds like you and your husband are contemplating a separation, or divorce. If that is so, hie thee to an experienced family law attorney without delay. Have him or her review the document and all the facts surrounding its creation. He or she can also discuss separation or divorce with you if you wish. Good Luck.
Answered on Apr 30th, 2015 at 10:39 AM

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It should be legally binding NOW. Filing it with the Court is more administrative than anything else.
Answered on Apr 30th, 2015 at 8:17 AM

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Real Estate Attorney serving Gainesville, FL
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A divorce settlement generally must be filed with the Court as part of your divorce action along with a Petition for Dissolution of Marriage and other forms, depending on the type of divorce proceeding you are pursuing. Generally, when the parties have reached a settlement agreement, there will just be a need for a brief final hearing where the Court will adopt the settlement agreement as part of your Final Judgment, which would make the settlement agreement a Court order that the Court can enforce. However, to get divorced, a divorce action has to be filed with the Court (by filing a Petition and other documents). Good luck.
Answered on Apr 30th, 2015 at 6:59 AM

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Divorce Attorney serving New Orleans, LA at Zitzmann Law, LLC
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Yes you have to reduce the settlement agreement to a consent judgment that has to be filed and the judge has to sign also.
Answered on Apr 30th, 2015 at 2:34 AM

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