QUESTION: How can I finalize my divorce without a signature? My wife, the petitioner, will not sign settlement agreement. Can I (the respondent) cross-petition for a settlement conference and agreement?
MY ANSWER: Unfortunately, you can't compel someone to enter an agreement.
To move your case along, you should file a Request for Trial Setting (or whatever similar document used in your county to have a Trial and a Mandatory Settlement Conference set).
If your wife agreed to the terms of the settlement, but is refusing to sign the settlement agreement, you could call her to ask her why she is refusing to sign, and determine whether or not that problem is resolvable short of requesting a Trial and MSC, i.e., by minor term modifications if agreeable with you.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
You could address your wife's conduct and refusal at the time the Court hears attorney's fee issues, and her conduct might justify a Family Code Section 271 Sanctions Motion.
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