We Settled, Now My Ex Won’t Sign the Settlement Agreement

Couples can agree on a the terms of their divorce at any time before the ruling of the Court.  Finally reaching an agreement can bring a sigh of relief in divorce cases.  On the other hand, reaching an agreement can also bring a wave of wary to some parties after they realize that the agreement will become enforceable by the court.  Great care and regard should be taken when reaching an agreement in a divorce case.

But, what do you do when it is your ex that refuses to formalize the reached final agreement?

Enforcing a settlement agreement is a matter of contract law.  If there is a meeting of the minds in writing then you most likely have an enforceable agreement.  Most agreements are reached during mediation.  A mediated agreement is almost always drawn up with the correct language to bind the parties to the agreed upon terms.  If your ex has had a change of heart then you can file a Motion to Enforce with the court to request that the terms of the written agreement be made an order of the court.  For your ex to successfully defeat your motion, your ex would have to have legal grounds to argue why the agreement is not legally-binding, for example:

  • Duress
  • Lack of Capacity
  • Undue Influence
  • Fraud

Most times, parties refuse to sign the formal settlement documents for reasons other than the above legal grounds.  If you have an attorney, you also have the right to request attorney fees for the expense of having to bring the Motion.

For your divorce consultation, contact Attorney Yolvondra Martin.

The Martin Law Group | 404-248-4898 | ymartin@themartinlawgroup.com

Advertisements

How Do I Discover My Spouse’s Hidden Assets

The Courts generally favor full disclosure during litigation and divorce cases are no exception.  If you are contemplating divorce or are already involved in a divorce case, you are entitled to learn of all assets of your spouse.  It is not unheard of for married couples to hide financial information from each other especially when the marriage begins to deteriorate.

The Official Code of Georgia and the Uniform Superior Court Rules explicitly set out the procedure for compelling your spouse to turn over to you the information regarding their assets.

Generally, after a divorce is filed and the other spouse has been served and files his/her Answer, what is known as the “discovery period” begins and lasts for a period of six months.  During this “discovery period” each spouse is permitted to ask each other written question, known as “Interrogatories”.  Each spouse is also permitted to ask each other to turn over documents that may be relevant to the divorce case through a “Request for Production of Documents”.  If necessary, each spouse can send a Request for Production of Documents to persons or companies that are not party to the lawsuit.  The spouses do not have the right however to send Interrogatories to anyone other than each other.

Not only can each spouse serve Interrogatories and Request for Production of Documents, each party can “depose” each other or persons that may have relevant information related to the divorce case.  During a deposition, a person is being asked questions under oath by the attorney that caused the deposition to happen while a court reporter takes down the questions and answers.  The person being deposed can be asked anything related to the divorce case including questions regarding one spouse’s assets.

Through a diligent use of these discovery mechanisms mentioned above, one can discover if and what assets their spouse may be hiding.  An experienced divorce and family law attorney will have the ability to tailor the discovery requests in order to elicit the relevant information and ascertain if the other spouse may be hiding other information.

If you are contemplating divorce and have questions regarding your spouse’s hidden assets, contact Attorney Yolvondra Martin for your consultation.

The Martin Law Group | 404-248-4898 | ymartin@themartinlawgroup.com