What to do if my ex won’t sign a marital settlement agreement?

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What to do if my ex won’t sign a marital settlement agreement?

My ex keeps saying she has signed the settlement agreement papers; this has been going on for 3 months. Now she is adding alimony which we didn’t agree on and she lives with her boyfriend. I feel like she is stalling or just wants me to agree to terms. How can I get her to stop stalling or to take this to court? She is the petioner and I am the resondent. We already have child support and a visitation order. Can I file a notice of default on her? How do I get this court? Doing this by ourselves and she originally agreed to terms. There was no serving of settlement agreement.

Asked on March 21, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your soon to be "ex" refuses to sign the marital dissolution order and assuming you have a family law attorney representing you in thre matter, I suggest that you file a request to set the matter for trial. By doing this, it will force her hand to either sign the proposed settlement agreement sent her or not.

You cannot file a request for entry of default against her because she is the petitioner. If you do not have an attorney representing you and cannot afford one, I suggest that you consult with your nearest legal aid clinic for assistance in trying to conclude your marital dissolution.


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