Marriage Settlement Disagreement
Picture this; you have finally reached a settlement after months of going back and forth with your ex-spouse on the division of assets, income, and belongings. After disputing about how much time each partner will have with the kids to who will have the responsibility of the taxes on joint ownership properties, you both have finally gone over in detail how the permanent settlements will be divided after divorce. The last remaining step after months of long nights and disputes with the extended family is having the marriage settlement agreement signed. When you mail the document to your ex-spouse, there is no response for weeks, and now you are facing extension fees and further indecision about your assets. What do you do in this situation where your ex-spouse is hard to get hold of or blatantly ignores the marriage settlement agreement? Believe it or not, it is more common than you may think. So, if you are in this situation, understand that you are not alone and that there is a resolution around this dilemma. If you are looking for a divorce lawyer in Franklin Square, contact us at Simonetti & Associates. We have over three decades of experience in serving the Long Island community, and we would be glad to provide a free consultation as to how we can help you during this time.
1. Request to enter a default: While state and local rules vary, typically your ex-spouse has up to 30 days to sign the papers. If you file for a default, you may request to see the judge without your ex-spouse present. Make sure to bring the documents signed by you in hand. When you appear in court, always have an experienced attorney represent you. In this way, the judge may rule to confirm the divorce based on an uncooperative response from your ex-spouse. It is essential to have your attorney there so that all of your agreements are carried out based on your behalf.
2. Keep documentation of attempts to reach your ex-spouse: This includes evidence that you have left a voicemail to your ex-partner, called multiple times, kept a receipt of the mail documentation you sent, and have documentation of any form of an email sent to your ex-partner. This will all serve as evidence that you made a satisfactory attempt to reach out to your ex-spouse during this time.
3. Consider using a process server: This role can be carried out by an adult who is not a child of the ex-spouse. A process server will deliver the documentation to your ex-spouse. The server can sign and date the documents without the ex-spouse as long as your ex or another adult answers to the address the records are being delivered to. The process server is there to communicate that the divorce is being finalized, and his/her signature can be used appropriately in a court-of-law.
Remember that just because your ex-spouse is not cooperating, you do not need to resort to ambiguity, inaction, or confusion. At Simonetti & Associates, we offer legal assurance to have your divorce go as smoothly as possible. If you are looking for a divorce lawyer in Franklin Square, contact us today as we have been voted Long Island’s Best Divorce Lawyer of 2018. We offer the expertise to help you during this hectic time, so contact us today!