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

Slinger, WI |
Filed under: 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?

Attorney Answers 3

Posted

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!

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Posted

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 created between the question poster and JCWB ESQ LLC. Although the legal information is accurate, with the facts presented, it may not be appropriate and/or the best solution for your entire situation. The best way to handle any legal problem is to seek the advice of an attorney licensed in the jurisdiction where the issue arises.

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Posted

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.

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