My husband gave me a marital settlement agreement after I filed for divorce. I do not agree with most of the terms. What should I do?

UPDATED: Apr 12, 2009

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My husband gave me a marital settlement agreement after I filed for divorce. I do not agree with most of the terms. What should I do?

I filed for a dissolution of marriage with children. My husband was served, but then he sent me a Marital Settlement Agreement in the mail. I don’t agree with many of the terms and don’t want to sign it. What do I do next?

Asked on April 12, 2009 under Family Law, Florida


Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 11 years ago | Contributor

Ifyour Husband has been served, then he is required to file an Answer. If he hasn't filed anything and the 20 days have expired, then you can file a Default against him. However, if there are minor children involved, the judge generally will not decide issues regarding children based on a technicality, unless your Husband has been given every chance to respond. If you have children together and other assets and liabilities that need to be divided, it is highly recommended that you obtain an attorney in order to advise you and protect your rights. And most DEFINITELY do not sign anything until you have legal representation.

If you would like to discuss your matter further, please contact my office at 407-971-6140 to schedule a free initial telephone consultation.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Get an attorney to represent you. Don't sign or agree to anything until you get legal representation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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