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Decades Of Litigation Experience

WHEN YOUR DIVORCE SETTLEMENT AGREEMENT IS SO-ORDERED

by | Aug 23, 2021 | Firm News |

By Matt Cavallo, Esq.

In a divorce action, the case is not over and you are not officially divorced when you and your wife sign a settlement agreement that covers all of the legal issues. The official divorce happens upon entry of the Judgment of Divorce which judgment may incorporate the settlement agreement but does not merge with it.

Thus, until the Judgment of Divorce is issued, you are still not divorced, and you will not be able to marry someone else, for example. Once a case is settled and the court is notified of the settlement, the court may issue an order that, within 60 days of the order, the proposed judgment in conjunction with a number of necessary documents must be submitted to the court. The documents that are submitted to a court including the proposed Judgment of Divorce are often referred to as a submission packet.

During this interim time period when a divorce case has been settled and the parties are awaiting the entry of the Judgement of Divorce, the parties may agree to have the settlement agreement presented to the court to be so-ordered. When an agreement is so-ordered, a party who does not comply with the settlement agreemnt is now disregarding an order of the court. Disregarding such an order could result in that party being held in contempt.