Can I file my Memorandum of Understanding?

[jenniferblu]

What is the name of your state?
California

My husband and I went to a mediator about 7 months ago. We agree on everything and have a signed Memorandum of Understanding, however, we have done all the filing ourselves.

Now I'm trying to file for the default judgment and the court refuses to accept the memorandum saying I need an MSA...can't I just file our agreement the way it is? Does it matter what it is titled?

I filed the request for default with the MOU attached and said I was attaching an Agreement, should I have labeled it Stipulated Agreement?

ugh..I don't see why an uncontested divorce should be so hard!

 

[LdiJ]

What is the name of your state?
California

My husband and I went to a mediator about 7 months ago. We agree on everything and have a signed Memorandum of Understanding, however, we have done all the filing ourselves.

Now I'm trying to file for the default judgment and the court refuses to accept the memorandum saying I need an MSA...can't I just file our agreement the way it is? Does it matter what it is titled?

I filed the request for default with the MOU attached and said I was attaching an Agreement, should I have labeled it Stipulated Agreement?

ugh..I don't see why an uncontested divorce should be so hard!

Normally its the mediator that submits the agreement to the court. Why didn't that happen in your case?

In any case, the court has already told you that they won't accept the "Memorandum of Understanding". Therefore you either both need to appear in court and stipulate to the agreement...or you need an MSA. In other words, you aren't going to get a "default" judgement.

 

[jenniferblu]

Cost considerations

Actually, the mediator was a non-attorney. He said that ordinarily he adivses his clients to take the MOU to an attorney to write up a MSA, but that it wasn't absolutely necessary - that we could do our own divorce paperwork, if cost was an issue.

We don't have much money, and until now, the court has accepted all our paperwork. But, it won't accept our request for a judgment. Perhaps I will try to file a stipulated judgment and just ask the MOU be incorporated.

thanks for your comment

 

[Ohiogal]

Actually, the mediator was a non-attorney. He said that ordinarily he adivses his clients to take the MOU to an attorney to write up a MSA, but that it wasn't absolutely necessary - that we could do our own divorce paperwork, if cost was an issue.

We don't have much money, and until now, the court has accepted all our paperwork. But, it won't accept our request for a judgment. Perhaps I will try to file a stipulated judgment and just ask the MOU be incorporated.

thanks for your comment

The mediator -- in this case -- cannot prepare any legal paperwork for you. That is why it was not accepted. That would be practicing law without a license. As for you folks, you can write your own MSA. You can do that. You both sign it. You turn it in and voila. But you need to follow the rules.