What can I do if she and her attorney are not complying with our Marital Settlement Agreement? 12 Answers as of June 19, 2015

My wife and I filed for a divorce and have an MSA. We both have attorneys. I signed the MSA and also paid 90% of equalization payment that was agreed upon to my wife and she accepted it. My wife and her attorney now seem to be dragging their feet on signing it. What would be my next steps to have her comply?

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Why did you pay her before she signed. If you don't get something soon you may be able to file a motion to compel. Talk to your lawyer, that's why you have one.
Answer Applies to: Washington
Replied: 6/19/2015
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
If she has not signed the agreement, then there is no agreement. You can file for a trial date and have the Court set the matter. If that doesn't expedite the signature of your spouse, just go to trial and deal with everything there. Don't wait, move your matter right along.
Answer Applies to: Florida
Replied: 6/19/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
This is a question that should be directed to your attorney.
Answer Applies to: California
Replied: 6/19/2015
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
You cannot force someone to sign an agreement, even if you have a "verbal agreement". She either agrees and will sign, or doesn't and she won't, in which case it would proceed to court.
Answer Applies to: Florida
Replied: 6/19/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
What does your attorney say?
Answer Applies to: Michigan
Replied: 6/19/2015
    Law Office of Barton R. Resnicoff | Barton R. Resnicoff
    Has the divorce been granted? Is it pending? If pending, must bring on application to enforce as part of the divorce action. If the divorce has been granted, you need to enforce the divorce decree, including possibly contempt or damages.
    Answer Applies to: New York
    Replied: 6/19/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It certainly sounds unusual for your lawyer to let payment go to your estranged wife without either (a) a signed agreement from her; or (b) a letter enclosing the payment stating that the payment is sent in trust, to be deposited or used only if there is a complete settlement. Have a strong talk with your lawyer. Get him or her to pressure the other side to sign the document without delay, or go back to court to contest the whole thing if after consultation that is what you and the lawyer think is best.
    Answer Applies to: Wisconsin
    Replied: 6/19/2015
    John Russo | John Russo
    The MSA is a contract, sorry to tell you this but you cannot force anyone to sign a contract, even if they had agreed too at an earlier date, they have the right to change their mind. I always try and make sure that when an agreement is reached and memorialized in the contract that both sides sign at the same-time. A conference with the Judge and attorney's may be helpful, the Judge cannot force her to sign either, but he/she can make their position known, and how they may rule on certain issues if the matter went to trial.
    Answer Applies to: Rhode Island
    Replied: 6/19/2015
    Law Office of Robert E McCall | Robert McCall
    You have an attorney, you need to ask the person most familiar with your situation, your attorney.
    Answer Applies to: Florida
    Replied: 6/19/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    Since you have an attorney, ask him or her. Why post this on a public site?
    Answer Applies to: California
    Replied: 6/19/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Ask the attorney you are paying and who understands the case.
    Answer Applies to: Michigan
    Replied: 6/19/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No, if it hasn't been ordered by the court there is no enforcing it; however, if there is detrimental reliance you can sometimes force them to comply.
    Answer Applies to: Wisconsin
    Replied: 6/19/2015
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