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The Consent Decree was not signed by Respondent per Attorney Agreement at Trial by the due date, Can I get divorce by default?

Phoenix, AZ |

DIVORCE DECREE

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Attorney answers 3

Posted

If I understood your question correctly, you have a situation where you and the other side resolved all of of the issues in the case, the attorneys documented the agreement, but the other party refused to sign the proposed consent decree. In this case, if there are writings exchanged between the attorneys and/or signed by them that resolve the issues in your case, you and your attorney can file a motion to enforce settlement and make the other party sign the consent sign the consent decree or issue a divorce decree that reflects the terms of your settlement.

I recently had a case, where I negotiated a settlement in a divorce with opposing counsel and the only remaining step was to have the consent decree drafted, signed by the parties and submitted to the court for approval. After I spent time drafting the consent decree and property settlement agreement, I was informed by opposing counsel that his client had changed her mind and no longer wished to settle on the negotiated terms. A motion to enforce settlement quickly followed and was granted by the court. In this case, the settlement was evidenced by a rather long e-mail thread that discussed all of the terms of the settlement. Keep in mind that facts in your case may be different. Thus, the result may be different.

So, having said this, default decree is not likely in your case because the other side is still before the court. If you do not want to enforce the settlement you already have, you need to set the case for trial.

Posted

If you already had a trial, but agreements were made in Court, then your remedy may be to lodge a decree, but you probably should discuss this with counsel.

THE INFORMATION CONTAINED HEREIN IS INTENDED AS GENERAL INFORMATION ONLY. IT IS NOT LEGAL ADVICE, NOR IS IT INTENDED TO BE RELIED UPON AS SUCH, AND IS NOT INTENDED TO ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE A LEGAL QUESTION, CONSULT WITH AN EXPERIENCED ATTORNEY.

Posted

If you had a trial, you cannot default the other side. There are procedures for getting the Respondent to comply with court orders. However, if both parties consented to the terms of the divorce, the case would not have gone to trial, so your facts are somewhat confusing.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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