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Questions and Professional Answers

Questions and Professional Answers

  • Marital Settlement Agreement

    My husband and I entered in to a marital settlement agreement during our uncontested dissolution of marriage. We both agreed and we both signed. The final judgment was issued and a week after the final judgement he hired an attorney and has had a motion to set aside marital settlement agreement on the basis of coercion and pressure which is not true! Can he do that? Would this overturn my dissolution of marriage or just the marital settlement agreement?
    • Re: Marital Settlement Agreement

      Retain counsel if you want to oppose. It should only affect the agreement.

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
  • Marriage Settlement Agreement Enforcement

    My husband and I had originally started divorce papers in November of 2000. We had a paralegal draft a Marriage Settlement Agreement and both signed it and had it notorized. Unfortunately, I lost my copy and he is now disputing what we agreed upon. The paralegal was contracted to him, so she will not work with me on getting a copy of the MSA (even though I was the one that paid her).He never ended up filing for divorce, so now I have served him with papers. Is there any way that I could have the original Marriage Settlement Agreement enforced?
    • Re: Marriage Settlement Agreement Enforcement

      Dear Inquirer:Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.If you haven't already done so, please visit my web site at -- http://home.pacbell.net/edbjr/ ORhttp://www.CaliforniaDivorceAttorney.com The site contains quite a bit of general information about California Family Law, Tenants'Rights, and Juvenile Dependencies, and EDDhearings and appeals, as well as informationabout me (education, experience, et cetera)and my office (location, hours, fees, policies). NOW, IN RESPONSE TO YOUR INQUIRY --The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however, I wouldsay generally a Marital Settlement Agreement iseffective when signed by both parties, unless thedocument provides otherwise. You could subpoena the original signed and notarized document as evidence at trial and the court may be inclined to honor it. (Of course, your Husband may simplysay he lost his copy too; and I doubt that theparalegal would have kept a signed and notarizedoriginal.)Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

      E. Daniel Bors Jr.
      Attorney & Counselor At Law
      24422 Avenida De La Carlota, Suite 310
      Laguna Hills, CA 92653-3638
  • Validity of marriage settlement agreement

    Is marriage settlement agreement is valid for the marriages took under special marriage act 1954, can it be produced as valid document for applying divorce. If in MSA, signature of any one spouse taken forcefully is it valid document.Kindly I request to send the reply at the earliest becouse it is urgent.Thanking you,
    • Re: Validity of marriage settlement agreement

      Dear Sir/Madam,A forcible signature on document can definately be challeneged in court of law. Such a signed document cannot be produced in divorce petition. Procedure under the Special Marriage Act is to be followed for the purpose of taking legal and valid divorce.I am competent to deal with such matters and therefore further communication between us is required for which, pls contact at the belowmentioned contact address of ours. Please contact us very immidiately as furtherinformation is required for better assistance and to decide correct line ofaction. Our contact details are:Mob: 09824033212 09824386738Mail: nachiketa_joshi@hotmail.com

      Sudhakar Joshi
      NACHIKETA ASSOCIATES
      C-404, Indraprasth - III, Near Shyamal Crossing, Anand Nagar Road, Satellite,
      Ahmedabad, NUS 380015
    • Re: Validity of marriage settlement agreement

      If you have duly married before the Marriage Registration officer of the jurisdiction concerned then that itself is enough, you need not worry about the agreement. It can be produced as valid document.You have stated the word MSA, is it a Mistake for USA. if the marriage is done in India, then it cannot be divorced until it is done in India.If forcefully signature is taken then you have to prove that under life threatening he has taken the signature on the document.RegardsB.Balasubramanya.Advocate.

      Balasubramanya Beeranna
      Balasubramanya&Ramesh Associates
      no.27, girls school street, seshadripuram
      Bangalore, NUS 560020
  • marriage settlement agreement

    My settlement agreement states my ex-wife to pay a portion of the mortgage payment until the house is sold. She has stopped making payments. What legal action can I take?
    • Re: marriage settlement agreement

      File a motion with the Court to enforce the agreement and to have her show cause why she should not be held in copntempt for failing to obey the Court order.

      Jeffrey Murrell
      Law Office of Jeffrey L. Murrell
      P.O. Box 579
      Milwaukee, WI 53201
  • Settlement Agreement in a Lawsuit

    I made a Settlement Agreement with a law firm who I had sued for legal malpractice. The Settlement agreement involved and named 3 lawyers at the firm and the law firm itself. One woman lawyer involved, unbeknownst to me, retired from the firm prior to my making the settlement agreement with the law firm. The Settlement Agreement stated that the law firm and all lawyers and partners who work for the firm were covered under the Settlement Agreement. On the Settlement Agreement, a law firm director signed, as did a general partner of the law firm. The woman lawyer did NOT sign it. Now, 2 years later, this woman lawyer is suing me for Malicious Prosecution, claiming she’s not bound by the Settlement Agreement since didn't sign it. Does the Settlement Agreement signed by the law firm cover all its attorneys who worked on the case, despite the fact that she did not sign the Agreement and had retired before the Settlement Agreement was signed? What PA Statute and precedents would apply to this case?
    • Re: Settlement Agreement in a Lawsuit

      Your question raises issues that cannot be analyzed without more information. I would advise consulting one or more attorneys who may be available to help you defend this matter. Peter Dolinger 215-575-9220

      Peter Dolinger
      Law Office of Peter M. Dolinger
      Market Street
      Philadelphia, PA 19103-7501
  • Marital Settlement Agreement.

    If everything has been agreed upon and split up prior to filing for divorce, is there a need for the Marital Settlement Agreement to be submitted and referred to in the JUDGMENT OF DISSOLUTION OF MARRIAGE
    • Re: Marital Settlement Agreement.

      yes. email me if you have any quesztions

      Joseph Michelotti
      Michelotti & Associates, Ltd.
      1200 Jorie Blvd. Suite 329
      Oak Brook, IL 60523
  • Doctrine of Release for Settlement Agreements

    I made a Settlement Agreement with a law firm who I had sued for legal malpractice. The Settlement agreement involved and named 3 lawyers at the firm and the law firm itself.One woman lawyer involved, unbeknownst to me, retired from the firm prior tomaking the settlement agreement with the law firm. The Settlement Agreement stated that the law firm and all lawyers and partners who work for the firm were covered under the Settlement Agreement. On the Settlement Agreement, a law firm director signed, as did a general partner of the law firm. The woman lawyer did NOT sign it. Now, 2 years later, this woman lawyer is suing me for Malicious Prosecution, claiming she’s not bound by the Settlement Agreement since didn't sign it. Does the Settlement Agreement signed by the law firm cover all its attorneys who worked on the case, despite the fact that she did not sign the Agreement and had retired before the Settlement Agreement was signed? What PA Statute and precedents would apply to this case?
    • Re: Doctrine of Release for Settlement Agreements

      When you sued the law firm if you did not individually sue the retired attorney she should have no claim against you for malicious prosecution. If you sued her individually also the settlement agreement may provide some defense. Either way you need to secure counsel to either answer the complaint or file preliminary objections within the 20 days after service that you are entitled to. I offer free consultations.

      Mark Johns
      Mark Johns, Esquire
      P.O. Box 842
      Horsham, PA 19044
    • Re: Doctrine of Release for Settlement Agreements

      This is not one to get upset about. If the settlement was for more than 'nuisance value', then the claim against you for 'malicious prosecution' is frivolous and will be dismissed.The text of the agreement will also provide help. The most important thing is to go to the court and 'answer' the complaint. You can handwrite something, or just quote this:"Defendant denies all claims made in the complaint".That will protect you from a default judgment and give you time to deal with this at your leisure.This lawsuit sounds very strange. It is unlikely it will survive a motion to dismiss it.You are welcome to get me a copy of the complaint and the settlement agreement and then I can give you some more specific input for no fee.

      Andrew Nitzberg
      Andrew Nitzberg & Associates
      222 Centre Street, Suite 5-C
      New Rochelle, NY 10805
  • Adopted child mother seeking college tuition from x father

    My daughter was adopted six years ago and in my divorce agreement back in 1992 I agreed to pay for college in the marriage settlemnt agreement. After the adoption in 2004 my x wife is taking me back to court to enforce the marriage settlement agreement stating that I would pay for college even though my parental rights child support and all rights were terminated in 1998. I was told specifically at that time I had no rights or obligations to that child. She was adopted by my x wifes current husband but now the court is saying the marriage settlement agreement should be enforced. Do I have any recourse. My child support and all visitation ended with the adoption.--name removed--Endress
    • Re: Adopted child mother seeking college tuition from x father

      Unless the payment of college tuition was part of the alimony portion of the agreement rather than the child support portion you should have no obligation since your parental rights were terminated. If you do not have counsel you need to secure counsel immediately. College tution for 4 years could run to $100,000.00 and an attorney should be considerably less. I offer free consultations.

      Mark Johns
      Mark Johns, Esquire
      P.O. Box 842
      Horsham, PA 19044
  • Legal Marriage

    My wife is seeking a divorce. During our separation I have learned that the minister was not licensed to marry us in the state and that the county has no record of our marriage. Do we still need to file for a dissolution?Can we just sign a mutual Marriage Settlement Agreement?
    • Re: Legal Marriage

      While you are probably not married it would be best to have a judicial declaration that you are not married as well as to determine the property and support issues that would arise out of a putative marriage. You should proceed with the dissolution action to resolve all issues. It would be a tragedy to learn 10 years from now, after you have re-married, that your first marriage was valid and your current marriage would not be valid. Better safe than sorry. Good Luck, Pat McCrary

      Patrick McCrary
      Law Office Of Patrick L. Mccrary
      9340 Fuerte Drive, Suite 203
      La Mesa, CA 91941-4164
    • Re: Legal Marriage

      from the facts stated, it appears you and your wife would be what the state deems as "putative spouses", which simply means that you both had a valid good faith belief in a void or voidable marriage and neither one you can be "penalized" for it. if you would like further assistance on resolution of your "marital" status, please email me directly today on how you might ideally like to proceed, and i can help you from there.

      H.M. Torrey
      The Law Offices of H.M. Torrey
      800 West El Camino Real, Suite 180
      Mountain View, CA 94040
  • Uncontested Divorce and Settlement Agreement

    Hi-I'd filed a default against my wife since she did not file a response. She did not contributed anything to our marriage. I am paying for everything. And I am the only one on the title. Do I need to have a marital settlement agreement on the day of the hearing? We both agreed on all issues. Is the grant deed good enough during the hearing? Thanks.
    • Re: Uncontested Divorce and Settlement Agreement

      A grant deed is good, but a marital settlement agreement is better for the judge. There are some issues with respect to a grant deed that could prevent the court from making the determination that there has been an equal division of community property. Good Luck, Pat McCray

      Patrick McCrary
      Law Office Of Patrick L. Mccrary
      9340 Fuerte Drive, Suite 203
      La Mesa, CA 91941-4164