• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a Judge sign off?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

shellyis

Guest
What is the name of your state? ohio

my husband's attorney had called me and left a message that i need to sign the divorce agreement he sent me a few weeks ago, and if i don't sign it and return it in 10 days then he stated that the judge can sign off with out my signature. what does that mean? and if so how long do i really to sign before judge does that? i don't have a lawyer and i have questions on said agreement so when i get some money i will have a lawyer look over it before i sign the agreement.
thank you.
 


Whyte Noise

Senior Member
Once you're served with divorce papers you generally have 30 days to answer. If you don't answer within the 30 period, the other party can request a default judgement, and generally those are granted.

The courts look at it like this.... You didn't answer the response, rebut any statements made in the original motion, and therefore you must be in agreement with it. So, they grant the filing party the divorce and everything that they asked for.

Going by your post and what your ex's attorney told you, I'm gathering that the 30 days is almost up. Thats why he gave you 10 days to sign and send them back. And if he doesn't have those papers in the 30 day time frame, he's going to motion for a default judgement for his client. (Your ex to be) If he does that, then more than likely your husband will get what he's asked for in those papers you have.

You either need to sign the paper if you agree, or if you don't agree to what your ex is offering then you need to come up with your own offer, or "Counter-Motion". You can't just ignore it. You have to act.
 
R

Rldunc

Guest
That's true. In Florida it would be a "response to petition for dissolution" and you would fill out the heading and then put numbers corresponding to his statements and just put "agree", or "disagree". For example, his form might state: 1. The parties have been married since 1992. Your form would state: 1. Agree (If it's true) His form might state: 7. Husband should get everything. Your form 7. Disagree Be prepared to prove your statements. You need to get it done ASAP. See if your state or county has such a form. Look at the top of his forms for the name of the court and call them for forms.

This is not legal advice
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top