My husband and I are going to sign a settlement agreement thru his attorney. I filed the divorce. Is it granted to me then?

Asked over 1 year ago - Cumming, GA

I filed the papers against my husband. He has an attorney willing to settle our case with an agreement. If i sign it does this mean my divorce is granted to me as I asked and its uncontested. Im not signing uncontested papers. Or is it still considered contested with a settlement and me getting my divorce form him?

Attorney answers (4)

  1. Daniel Ellis Rice

    Contributor Level 18
    Best Answer
    chosen by asker

    Answered . Generally, it doesn't matter how the divorce is construed for practical purposes ("uncontested" vs. "contested"), because a divorce is only as contested as the parties choose to make it. Also, a settlement agreement has to be obtained between the parties, unless they want to have the court be the final decision-maker, in which event, one or both parties may not be satisfied with the result. Therefore, in the event a settlement agreement is obtained, and the court decides to sign off on it, the divorce is granted.

  2. Elyssa Korman Williams

    Contributor Level 8

    1

    Lawyer agrees

    Answered . If your husband filed a counterclaim for divorce, and then you reach a full settlement, then one of you should voluntarily dismiss your claim in order to have the divorce granted. However, that is really just a technicality. The much more important issue is whether the proposed settlement gives you what you want in the divorce. Once you sign a settlment agreement that addresses all of the divorce issues, then the case is no longer contested and The settlement agreement is going to become the judge's final order. I strongly advise that you have a divorce attorney review the proposed settlement agreement before you sign it and help you through the process.

    This response should not be relied upon as legal advice and does not create an attorney/client relationship. If... more
  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Filing a divorce pro se is dangerous, and doing what you did, filing a contested case that had to be served, is even more dangerous. Since his attorney represents him, the smart move is for you to take that proposal, and what you filed, to YOUR lawyer, determine if it is okay, and discuss what steps are needed to finalize the case. When you served papers you initiated a contested case. Contested cases sometimes (actually often) settle.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  4. Adriana Arguelles de la Torriente

    Pro

    Contributor Level 9

    Answered . I agree with the majority of the attorneys in the post. However, recognize that signing the Settlement Agreement does not make you divorced. The Judge must incorporate that agreement into a Final Judgment and Decree of divorce. When that Judgment is signed and filed with the clerk of court, then you are divorced.

    This post does not create an attorney client relationship. This attorney is only licensed in Georgia.

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.

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