Marital settlement agreement, and stipulation as to facts, conclusions of law ,and judgement of divorce.

My MSA was not signed by anyone. The stipulation as to facts, conclusions of law, and judgement of divorce was not signed by her attorney. My name and hers is on the document and the judge's rubber stamp. Is this legal?

Slinger, WI -

Find Out More

Attorney Answers (3)

Nicholas J.B. Pasquale

Nicholas J.B. Pasquale

Divorce / Separation Lawyer - Sheboygan, WI
Answered

The judgment is valid (legal). You will want to get a copy of the transcript of the final hearing to ensure that the judgment correctly incorporates the agreements of the parties and any changes that may have been placed on the record. I have had cases where an MSA was used an exhibit, but the ultimate judgment varied from the terms the unsigned MSA. Get a copy of the transcript. Hope this helps!

My answer does not make me your attorney or create a former-client/current-client relationship with you. I... more
James CW Bock

James CW Bock

Family Law Attorney - Hudson, WI
Answered

Answering your question thoroughly requires a few more facts: was the marital settlement agreement read into the court record? If so, then execution of the written agreement is an issue of contract law, not the final judgment of divorce. If the agreement of the parties to settle was read into the record, the prior answer is correct and you should obtain a copy of the transcript to ensure the aspects testified to and agreed to are indeed accurately captured in the judgment you speak of and being performed as ordered. If the agreement is not executed, is not copied verbatim into the final judgment of divorce, and is being violated (as is assumed from your inquiry), I strongly suggest you seek assistance of a family law attorney who has experience in dissolutions and seek her/his advise. Good luck.

This answer is for informational purposes only. By answering this question, no attorney/client relationship is... more
R. S. Missimer

R. S. Missimer

Divorce / Separation Lawyer - Elkhorn, WI
Answered

Was the MSA incorporated into the judgment by reference or attachment? If attached then is the court copy signed? If referenced, then it doesn't matter so much if it is signed or not.

But you need to look at the court file (ask the clerk of courts to review the file) and you will probably need a transcript.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.