Vallejo, CA asked in Divorce for California

Q: Can divorce become legally final, if spouse does not sign the final settlement paper after a length of time?

I filed for divorce in Oct. 2013 in CA. Settlement agreed upon in June 2014 but no final papers were signed at the time. Spouse given ownership of 2 businesses. I was to keep my 401K retirement. Fast forward to April 2015, spouse lost the businesses, sold off contents, took the funds and moved out of state. Cannot get response from spouse with regard to signing off on the final settlement. If I go to a judge to make a settlement request my lawyer's fear is that they will re-nogotiate the settlement based on what is NOW the only asset left, i.e "my 401K" Are there any other options available?

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: The divorce is final when the judge signs the FL-180 form. Until then, if all you have is an unsigned settlement agreement, I would say you have nothing at all to stand on.

Andy

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