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stipulated judgment: when do I send the check?

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jerseydriver2

Junior Member
What is the name of your state (only U.S. law)? California

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My spouse's lawyer sent me an executable stipulated judgment agreement that he had my spouse sign before he sent it to me. However, he did not sign it before sending it to me, but in his cover letter he said when he got it back he would sign it and submit it to the court.

I signed the agreement and FedEx'ed it back to him.

Is this a binding contract between me and my spouse when I signed it? Or, do I have to wait for my spouse's lawyer to sign it, and send me a copy of that signed agreement before it is binding?

I am asking because in the agreement it states

... "$xxx to be paid to the Petitioner (my spouse) within 10 days of executing this Stipulated Judgement."

And so is this 10 days from when my spouse signed (petitioner)? From when I signed? From when my spouse's lawyer signs? When the document is filed with the court? Or, when the agreement becomes a decree?
 


mistoffolees

Senior Member
When you sign
I realize that CA is different than the rest of the US, but I would personally never agree to send a check until the judge has signed off on the agreement. Until it is signed by the judge, it is not enforceable, and the check may be considered a gift rather than a payment pursuant to the divorce separation of property or whatever.

I would tell the attorney they can have the check after the decree is finalized. If they complain, I would tell them that my attorney will have the check in his hands and will deliver it after the decree is finalized.
 

LdiJ

Senior Member
I realize that CA is different than the rest of the US, but I would personally never agree to send a check until the judge has signed off on the agreement. Until it is signed by the judge, it is not enforceable, and the check may be considered a gift rather than a payment pursuant to the divorce separation of property or whatever.

I would tell the attorney they can have the check after the decree is finalized. If they complain, I would tell them that my attorney will have the check in his hands and will deliver it after the decree is finalized.
I agree. Its not fully executed until its signed by all parties, including the judge.
 

Ohiogal

Queen Bee
I agree. Its not fully executed until its signed by all parties, including the judge.
It is considered executed when OP signed it if the other party signed it. It is not a COURT order until the judge signs it. Within ten days of the date of signing the spouse should have a check that the OP agreed to sign.
 

Ohiogal

Queen Bee
I realize that CA is different than the rest of the US, but I would personally never agree to send a check until the judge has signed off on the agreement. Until it is signed by the judge, it is not enforceable, and the check may be considered a gift rather than a payment pursuant to the divorce separation of property or whatever.

I would tell the attorney they can have the check after the decree is finalized. If they complain, I would tell them that my attorney will have the check in his hands and will deliver it after the decree is finalized.
If they wanted the check AFTER the decree is finalized, then it should have stated within 10 days AFTER the finalization of the divorce. Different wording. Different meaning. That is NOT what this stated. Op agreed to something different -- whether that was smart or not is besides the point at this juncture.
 

LdiJ

Senior Member
If they wanted the check AFTER the decree is finalized, then it should have stated within 10 days AFTER the finalization of the divorce. Different wording. Different meaning. That is NOT what this stated. Op agreed to something different -- whether that was smart or not is besides the point at this juncture.
I conceed your point about the judge signing it. However, the copy that OP signed contained only the OP's signature. Therefore the 10 days does not begin to toll until the OP has a copy signed by both parties.
 

CourtClerk

Senior Member
I conceed your point about the judge signing it. However, the copy that OP signed contained only the OP's signature.
Wrong, it had the OP's STBX spouse's signature on it at the time the OP signed it.
My spouse's lawyer sent me an executable stipulated judgment agreement that he had my spouse sign before he sent it to me.
The STBX's attorney hadn't signed it, but the ex HAD signed it.
 

jerseydriver2

Junior Member
It was signed by my spouse before I signed it.

This past week I signed it and express mailed it back to my spouse's lawyer.

My spouse's lawyer then said he would sign it and submit it to the court.

And so it sounds like I need to now send the check to my spouse. I am more than happy to do that, and that is how I interpreted it, but I wanted to double check.

Thanks.
 

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