Summary
A divorce in New York is not final until the court clerk enters the Judgment into the court record after the judge signs it. You must serve your spouse and file the final judgment with the court. If your spouse doesnt leave the home as per the settlement agreement, you can file a motion to enforce it, potentially leading to an eviction order. Evictions can affect future housing opportunities. Violations of the settlement agreement can be enforced through court orders. Recording conversations is legal if one party consents, and such recordings can be used as evidence if obtained legally. The settlement agreement typically becomes effective once the judge signs the divorce judgment. Consult a local attorney for personalized advice.Full Conversation
My uncontested divorce had been approved and signed by the judge, I simply need to go to the court and file, then serve my spouse. Does that mean we are officially divorced as of the judges signature?
No, you're not officially divorced until the court clerk enters the Judgment into the court record. This happens after the judge signs it. Can you tell me where you're located so I can provide more specific information?
New york
In New York:
- A divorce is final when the Judgment of Divorce is signed by the court.
- You must serve your spouse and file the final judgment with the court.
- You'll receive a Divorce Decree, marking the end of your marriage.
You're not divorced yet.
Once the divorce is finalized, per our settlement agreement my spouse agreed to move out of the home within 90 days. What can I do if he doesn’t leave
In New York:
- If your spouse doesn't leave, you can file a motion with the court to enforce the settlement agreement.
- The court may issue an order of eviction.
- Consult with a local attorney for specific legal advice.
Will that eviction effect his ability to get a new place to live?
In general, an eviction can affect one's ability to secure new housing, as it may appear on background checks conducted by landlords. However, the impact can vary based on individual circumstances and the rental market.
What happens if either spouse does something against what the settlement agreement lists?
In New York:
- If a spouse violates the settlement agreement, the injured party can go to court to enforce the agreement.
- The court may issue orders to correct the violation.
- Repeated violations may lead to penalties.
Is it illegal to record my spouses reactions, without his permission, to me giving him divorce papers
In New York, it's legal to record a conversation if one party consents. That said:
- You can record your own conversations, including with your spouse.
- Recording others without their consent can lead to legal issues.
- Consult with a local attorney for specific advice.
Would these recordings hold up if needed to get a restraining order or if he violates the settlement agreement?
In New York:
- Recordings can be used as evidence in court if they are relevant and were obtained legally.
- However, the court's decision will depend on the specifics of the case.
- Consult with an attorney for case-specific advice.
When does the settlement agreement become effective
In New York:
- The settlement agreement usually becomes effective once the judge signs the divorce judgment.
- Ensure to check the specific provisions in your agreement.
- Consult with a local attorney for more accurate information.
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