Can a divorce be denied if a spouse is requesting money that cannot be immediately paid?

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Can a divorce be denied if a spouse is requesting money that cannot be immediately paid?

My boyfriend’s wife is in the process of filing for a mutual divorce but first she wants $6,000 for “abandonment” occurring back in 1999. My boyfriend is willing to agree to this if it can be done through the garnishment of wages as he/we do not have that kind of money on hand. Will the court grant the divorce under these circumstances or will he be made to pay this money before the divorce can be granted?

Asked on April 29, 2011 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am completely confused here and I think that your boyfriend should not pay anything until he speaks with an attorney.  From the way that you have phrased the question it appears that he is paying her off in some way.  But it is unclear if this money is a proper distribution of marital assets or if it is a bribe - for lack of a better word - to get her to give him the divorce.  What is clear is that you need an attorney to draft up a settlement agreement that is iron clad.  Please do not agree to anything unless an attorney reviews it and advises you on your rights in the matter.  Good luck to you.


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