How can I finalize my divorce without a signature? 7 Answers as of June 02, 2011

My wife, the petitioner, will not sign settlement agreement. Can I the respondent cross-petition for a settlement conference and agreement?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You may file a response and you can request a trial or a settlement conference.
Answer Applies to: California
Replied: 6/2/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
File an 'At Issue Memorandum'. You will have an MSC date. Set it for trial. If she does not respond, seek a default.
Answer Applies to: California
Replied: 6/1/2011
The English Law Firm
The English Law Firm | Robert English
You can't force her to settle, but you can set the matter for trial and still get a divorce.
Answer Applies to: California
Replied: 6/1/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If the "petitioner" refuses to settle a case by agreement, then you need to go to trial to get a judge's order on any outstanding issues (i.e., any issues that wife won't settle, such as support, custody, asset/debt division, etc.). There are several steps you need to go through before a trail will take place. In Sonoma or Marin County (the only counties that I practice law in), to get to trail and obtain orders on any outstanding issues (except custody and visitation), you need to first request a case management conference and trail date. The judge will then send you to a settlement conference (also called a Bench Bar Conference in Marin County). If the case doesn't settle at such conference, you will then go back to court for a status conference, at which time the judge will learn of the results of the settlement conference, and either set a trial date to resolve any outstanding issues, or perhaps send you back for another settlement conference if the judge things that will resolve the case. You also have to submit certain paperwork at each stage of the litigation process. As you can see, there are several procedural steps you need to go through before you can get a trial date and ultimately finalize your case by a judge's order. It would be wise to contact a local family law lawyer to assist you with the litigation process. Good luck!
Answer Applies to: California
Replied: 6/1/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Unfortunately, you can't compel someone to enter an agreement. To move your case along, you should file a Request for Trial Setting (or whatever similar document used in your county to have a Trial and a Mandatory Settlement Conference set). If your wife agreed to the terms of the settlement, but is refusing to sign the settlement agreement, you could call her to ask her why she is refusing to sign, and determine whether or not that problem is resolvable short of requesting a Trial and MSC, i.e., by minor term modifications if agreeable with you. You could address your wife's conduct and refusal at the time the Court hears attorney's fee issues, and her conduct might justify a Family Code Section 271 Sanctions Motion.
Answer Applies to: California
Replied: 6/1/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Set the matter for trial and settlement conference if your court requires it now.
    Answer Applies to: California
    Replied: 6/1/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If the Petitioner won't sign a settlement agreement, then the case must proceed to trial. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/1/2011
Click to View More Answers: