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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I am in the process of going through a divorce going to

Customer Question

I am in the process of going through a divorce going to court will wipe me out but signing the paperwork to stay out of court will be better my question is this she wants 11,000 dollars when I sign the paperwork what if I don't have it what could happen
Submitted: 10 months ago.
Category: Family Law
Expert:  originallawyer replied 10 months ago.

If you sign a court order stating that you will give her $11,000 and then you do not, you could be held in contempt of court. Being found in contempt of court could mean that you pay a fine, or spend some time in jail. If you cannot afford to pay her $11,000 then you should not agree to do so in a legally binding document.

You could suggest that you pay it to her in installments, or if you ever sell a piece of property, etc. But if she's wanting you to pay her $11,000 in one lump sum and you know already that you cannot, then do not agree to do so, especially in something as important as a court record that can later be used against you.

Customer: replied 10 months ago.
Not a court order separation agreement
Expert:  originallawyer replied 10 months ago.

If you sign a document that is an agreement between the two of you, she can take you to court to enforce the agreement and force you to pay. This means she could get a judgment against you, which could mean a lien being placed on any property you own, any income tax return you receive, or garnish your paychecks.

Bot***** *****ne: whether the document is filed in court and signed by a Judge or not, if you are signing your name to something, that gives her a legal ground to take you to court to enforce the agreement. Do not sign something you know you cannot follow through on.

Customer: replied 10 months ago.
Does a separation agreement keep you from going before a judge ?
Expert:  originallawyer replied 10 months ago.

Not necessarily. You may need to go before a Judge if you don't agree to everything in the separation agreement. Of if you proceed to a divorce.

Also, if the separation agreement isn't signed by a Judge, she may be able to change her mind down the road and ask for more money or property.