Family Law Questions? Ask a Family Lawyer Online.
Hello I would be glad to assist you. A proposed judgment is usually submitted with ALL the terms of the dissolution. Generally when there is a Post Nup or a Marriage Settlement Agreement ("MSA") they judgment will indicate that there is additional documents attached that should be considered the "FINAL JUDGMENT."
As for the process of it being submitted, your attorney is correct, it is submitted the court clerk who reviews it to make sure that everything, all the steps that must be done in the divorce are done, and that the MSA is proper in form and then sends it to the judge for signature
The judge will review it and ultimately sign it. Your soon to be ex would have the right to file a counter judgment, but if she SIGNED it, it should be submitted as a Settlement Agreement for Judgment, we call these Stipulated judgments
Based on the documents she has signed, it appears that your divorce is going to be over soon, once you have those documents signed by a judge. However, I would make sure that the terms of the settlement are included with the judgment or you could run into problems alter on
All of the major terms of the settlement are in the judgment. I think what my ex-wife is upset about is that the fact that she gets all of the property wasn't in the judgment, but I think my lawyer didn't include that because the deeds have already been revised and the property has already been transferred to her name and again, all of that is specified in the post-nuptial agreement which is attached to the judgment.
So just to be 100% clear, at this point my soon to be ex-wife cannot derail the divorce itself? All she can do is propose a different judgment of divorce?
If its specified in the post nup and ATTACHED to the judgment there is nothing to be worried about. No... yes, she can just propose a different judgment, but I don't even see her doing that since she signed off on everything.
So does that mean I don't have to suck up to her any more? I can choose not to respond to her emails? I can stop helping her with her business (which I have done just to keep her happy during this process -- I'm not getting paid for it for sure and nothing specifies I must help her in the settlement).
And no matter how mad she gets, the divorce goes through and there's nothing she can do about it?
You are done! As long as the divorce goes through then it is final. If she really wanted to contest it she would have to establish why the judgment should not be entered, which will be hard since she signed it
There is one last issue. Part of the settlement specified that by February 1 I must purchase a $1,000,000 life insurance policy to cover the sum of my support payments over the next 10 years. (So if I die, my ex-wife still gets paid.) I have just today discovered that since I am living permanently outside of the country no US life insurance company will cover me. Also, since the income on my taxes is only $11,000 , no one outside of the country will write me such a policy. What would I be expected to do in this case?
Can you get a life insurance policy outside of the US? If so that is what I would suggest. I am not sure how you would comply with such a provision, its seems like its a void provision as spousal support obligations would not continue if you died
My point is, I cannot get covered outside the U.S. because I would need to show something like $100,000 per year income at least to get one. Now if I just do nothing, and wait for my ex-wife to ask about it, I will simply tell her that I discovered I can't get one. As I understand it, she would then need to hire an attorney and make some kind of motion to get me to comply? Is that right? And then I would hire an attorney to show that even though I made a good faith effort to comply, no one will cover me? Which I could prove by the emails from insurance companies saying they won't cover me?
Yes she would need to file a contempt motion to get you to comply and odds are your attorney that you hire will be able to prove that you made the effort and that you COULD NOT comply, and its not that you were not willing. To prevail on a contempt motion your wife would have to show three things: (1) there was a valid order, (2) you were ABLE TO COMPLY, and (3) that you knowingly failed to do so. She won't be able to prove point 2
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).