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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 825
Experience:  9+ years of experience in divorce, custody battles and mediation.
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Both parties signed MSA in Dec, filed with court. my lawyer

Customer Question

Both parties signed MSA in Dec, filed with court. my lawyer drafted final divorce decree sent to opposing client who hasn't signed as of February 24th. My lawyer set motion to sign for March 11th. Will I walk away on March 11th with a final Divorce decree signed by judge? Also sent opposing counsel SWD so I can refi house in my name and POA so I can refi car in my name as agreed on MSA. Nothing was sent back. With motion to sign make opposing client sign SWD and POA as well? Looking to have all three on March 11th so I can finish my refi paperwork.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

In theory, you should have a finalized divorce decree on March 11th, unless the opposing party contests the proposed decree on the basis that it's not the same as the MSA.

Whether or not you'll also have the POA and SWD signed will depend on what your lawyer asked for in the Motion to Sign and/or the language in the divorce decree. Usually if these documents are part of the agreement, there's a deadline in place in the divorce decree for signing and returning them. So I'd take a look at the proposed decree and the Motion to Sign and see what they say. If they're silent on the issue, I'd remind your lawyer and see if they can ask the Judge to order the opposing party to sign both by a date certain.

Customer: replied 1 year ago.
If adjustments need to be made on wording of final divorce decree will that happen right then and there or am I looking at more court and lawyer fees
Expert:  originallawyer replied 1 year ago.

It would depend on the adjustment needed. If it's just crossing out a word here and there, the parties can usually just initial minor changes. If it's big changes, unless your lawyer has a laptop and printer at their disposal at court, it's unlikely that the changes will be made that day.

Probably no more court fees would be required, but you'd have to follow whatever agreement you and your lawyer had in terms of payment for further work.

Customer: replied 1 year ago.
The final divorce decree had a deadline to send back the poa and swd that has already past (feb 11). So what
Customer: replied 1 year ago.
Sorry. So what happens on motion to sign since they didn't sign the swd and poa
Expert:  originallawyer replied 1 year ago.

Your attorney could probably ask the Judge to order a new deadline. That's a minor change in the decree that could be made the day of. If your courthouse has a notary, it would also be simple for all parties to just sign on the 11th in front of the notary at the courthouse.