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Law Offices Of David Bliven
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When is the Settlement Agreement in a divorce filed with the Court?

  • By: David Bliven
  • Published: August 4, 2023

Q: My former husband and I signed a Settlement Agreement for a divorce in the first week of June 2023. We both have divorce attorneys. My attorney told me it needed to be approved by a judge. When she said it was fully executed, I certainly believed it had been approved through the Court. She had told me what the judge tended toward in terms of valuation dates and other things. My former husband has already distributed some assets to me. He has sold stock to pay me for half of the home. I found out yesterday by calling the County Courthouse that the Settlement Agreement has not been filed with the Court. The only thing filed was my Summons and Complaint. The performance of service to my husband was not filed. Was this an error on the part of my attorney? She is trying to convince me it was not, that everything is filed “at the end.” How can there be asset distribution first, and court involvement afterward? Can she just file now?

A: The settlement agreement does not necessarily need to be filed immediately after execution. It may be filed with the Court when the Judgment package is also filed. That said, it may be worthy of checking in on the status of the Judgment package. For more info or a 2d opinion, call a Westchester Divorce Attorney.

David Bliven, Esq.

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