An obstinate ex can cause a plethora of challenges during the divorce process, but what happens if they refuse to sign the Marital Settlement Agreement?
Refusing to sign the Marital Settlement Agreement occurs for a variety of reasons, but regardless of why one party refuses to sign the settlement agreement, the result is a significant slowing of the divorce process.
The only way a divorce becomes final is with a judgement.
How Do I Procure A Judgement?
There are three different routes to procuring a judgment: settlement, default, or trial.
- A settlement is “the resolution of a lawsuit (or legal dispute prior to filing a complaint or petition) avoiding the need for trial or other litigation.”
- Default occurs if your ex fails to respond to the action.
- Finally, a judgment can be obtained by taking the divorce to trial.
If your ex refuses to sign the Marital Settlement Agreement, you will most likely be facing a trial.
While going to trial can be expensive and will slow down the divorce process, it will guarantee that a judgment is made and your divorce will become final.
If you are seeking a divorce and are facing a spouse that refuses to cooperate, you aren’t without options.
To begin the divorce process you will need to file a petition with the appropriate court —usually this will be family court.
Filing this petition only requires one signature, meaning you can initiate the divorce processes even if your ex refuses to cooperate.
But before filing the petition, the first step is to get accurate advice about your personal situation.