PLEASE: FOR 5_STAR ONLY! THANK YOU!
Hi! It's been a while, but my ex-wife (not sure if she counts as ex-wife until the divorce decree is signed, but if certainly has felt like this for a while) SIGNED THE DIVORCE PAPERS TODAY IN MY LAWYER'S OFFICE. Yay!. (I guess that would be her consenting to the entry of a judgment of divorce, based on the terms in the post-nuptial agreement and stipulation of settlement. She also finally signed off on the stipulation of settlement) My ex-wife is currently operating with a lawyer pro se
, who had looked over everything and told my ex it was ok to sign. The only thing neither of us had seen until today was the revised judgment of divorce, prepared by my attorney. He needed to revise it based on the final terms of the stipulation of settlement. As my attorney explained it to me, this proposed judgment of divorce that an attorney prepares is essentially a summary of the most important points of the settlement, but need not include each and every tiny point. Because the post-nuptial agreement and stipulation of settlement are set as part of the judgment, as I understand it. My ex-wife, who signed in my lawyer's office without an attorney present, because she was pro-se, got in a huge huff because some items in the stipulation were not found in the judgment of divorce. She is going crazy in emails to me, saying that she is sure I am trying to screw her somehow.
I discussed this with my attorney, (who has made some mistakes before, though usually on details, not the law) and I am just asking for a second opinion on whether everything he told me is accurate. This judgment of divorce, as he explained it to me, is essentially a summary of the terms of the settlement. And it sounds as though it is somewhat subjective as to what gets included and what doesn't. Then the judgment is reviewed I guess by a clerk and ultimately the judge. And my attorney explained that my ex-wife has 10 days to file a counter-proposed judgment, which as I understand it would be just haggling over language, and that then the judge would decide which of the two proposed judgments to use.
I guess my biggest concern is whether the hell I have been going through is finally over. I mean I want to be sure that now that my ex-wife signed the post-nuptial agreement and a stipulation of settlement, and signed that she is consenting to a divorce based on those, that the exact language of the proposed judgment is just something of a formality. Just a question of language. But my biggest concern is that the divorce is definitely going through. In other words, that my ex-wife can't come back now and say she changed her mind and doesn't want a divorce under the agreed upon terms.
And if I can put my mind at ease about that, then I want to be sure that I don't have to suck up to my ex-wife the way I have been for the last 5 months, taking her abuse, not saying a word, to keep her calm until she signed the divorce papers. Also, she just walked away with a $55,000 check that was specified upon signing the stipulation of settlement. So I am just trying to make sure that there is nothing my ex can do to change her mind now, and that it's just a matter of waiting for the judge to sign the final divorce decree (with possible changes to language in the judgement of divorce along the way.)