Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

my wife and I filed an uncontested divorce in PA with settlement

Customer Question
agreement on oct. 3. we...
my wife and I filed an uncontested divorce in PA with settlement agreement on oct. 3. we do not own any property and have no children together. On settlement I agreed to and paid $1100.00 one lump sum for support. She is now saying she can stop divorce and take me for more support. All papers are signed we are waiting for the 90 days to expire. I am the plaintiff. Can she do that?
Submitted: 5 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 17 minutes by:
12/1/2011
Family Lawyer: ScottyMacEsq, Lawyer replied 5 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
Verified
In short, yes. In an uncontested divorce, after the 90 days are up, you would both have to sign an affidavit of consent (which can only be executed after the 90 days), and only then can the court enter the decree. So even if all the papers are filed, but she does not sign the affidavit, the court can't enter the decree, and can require you to go to mediation / court to hear out these issues.

Now as a practical matter, if she has signed the papers already (depending on what's in them) you can ask the court to compel performance of signing the papers, as agreed to under the terms of the agreement. Essentially this is a "contract", and since you have already paid, you have performed yourself, but she has not. The court cannot enter a decree at this point if she does not agree (the whole purpose of the 90 days is to make certain both parties do agree to the terms of the divorce and to give them one last chance...)

That being said, since it no longer sounds like this is going to be a mutual agreement, you should contact an attorney in your area that deals with divorce cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!
Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 5 years ago
If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!
Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 5 years ago
I see that you have not responded in a few days. If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!
Ask Your Own Family Law Question
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,276
17,276 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I attended court ordered mediation and an agreement was
I attended court ordered mediation and an agreement was settled at this mediation for family court. I was not informed of the court date for an entry hearing by either the court or the opposing attorn… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
Working w/mediator BUT ex (to be) is not wanting to pay more
working w/mediator BUT ex (to be) is not wanting to pay more than the mediator suggests in c/s $ for one of my two boys who is autistic … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
Can an settlement agreement signed in mediation go back to
Can an settlement agreement signed in mediation go back to mediation … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
Mediated my impending divorce 11/1. On 11/6 informed by my
Mediated my impending divorce 11/1. On 11/6 informed by my son stephen that i have been repudiated by my second son matthew because, I BOUNCED his birthday check on 9/16/17. FED up with takig high roa… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
Can my lawyer come with me to mediation concerning
can my lawyer come with me to mediation concerning paternity? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
My wife and I are getting a divorce. The mediator claims
My wife and I are getting a divorce. The mediator claims that it's best that our daughter (17 months old) stay with mom most of the time once we live separately. Wife and I had already reached an agre… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
You speak spanis.. I have divorce mediation on tuesday and
i have divorce mediation on tuesday and my son mother is trying to givme head ache saiing the going to put child support and i have proove that i supoort my son i gave her 80 dolars every week and she want 100 and that i have to bye anything apart… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,464 satisfied customers
I am headed in to mediation next week for divorce. So far my
Good afternoon,I am headed in to mediation next week for divorce. So far my husband is 3 months (as of 15 October) behind in child support. I was the breadwinner 6 out of the 7 years we were married s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
Divorce case was DWOP, for mediation, my husband's attorney
Divorce case was DWOP, for mediation, my husband's attorney filed for reinstatement. I don't want to reopen in the same court... There have been multiple violations, both constitutional and conduct. I… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
Iam going through divorce, In mediation we agreed that i
Iam going through divorce, In mediation we agreed that i should get 50% of the marital portion of his military retirement. We have been married 25 years but separated 10 years of that. is the marital … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I just went through divorce mediation, well I think here in
I just went through divorce mediation, well I think here in NM it's facilitation. But a memorandum was signed at the end by all parties to be submitted to a judge. Now my ex is saying she is going to … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
After custody mediation today, the mediator has provisional
After custody mediation today, the mediator has provisional minutes of settlement. Are these useless unless they are turned into a court order?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Getting a CA divorce and agreed to mediation. Will the
Getting a CA divorce and agreed to mediation. Will the mediator need a budget from me to determine spousal support? How does that work? I know about the standard alimony calculator, but not much else.… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
Can a divorce settlement that has been mediated be redone
can a divorce settlement that has been mediated be redone and one of the party's wasn't there the lawyer did it … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
The judge heard a motion for mediation and granted it for
The judge heard a motion for mediation and granted it for the day before trial which is only a day after the hearing on the motion.I said that I could not afford it so soon. I just recently lost my jo… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
Second opinion] During a divorce mediation meeting in
Second opinion] During a divorce mediation meeting in Georgia the equalization of assets came to me owing my spouse $168,846.80 for his share of the house, debts and assets. Since I am keeping the hou… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
Is mediation and the agreements that come out of mediation
Is mediation and the agreements that come out of mediation enough to finalize a divorce? And if not, what would be required to make everything final?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
I'm filing for uncontested divorce/mediation. During our
I'm filing for uncontested divorce/mediation. During our marriage (10 years) we had a joint account and I had individual checking/savings accounts with my husband as POD. We had closed the joint account we had and I removed him as POD from my individual accounts but my question is what would be the proper form to file that he is not interested in any of the savings I have under my individual accounts. We had agreed that I get full custody of our 8 years old son and will keep all the money in my checking/savings account, what would be the proper law form to confirm our mutual agreement? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x