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

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. Best answer

    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. 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 you would like to schedule an office or phone consultation with Elyssa Korman Williams to discuss your case further, call (678) 613-5732, or by email at elyssakwilliams@yahoo.com.


  3. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  4. 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.

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