Thanks. Yes you can have a settlement before the divorce is final. One doesn't necessarily have anything to do with the other.
I do have a settlement agreement but usually the attorney does a handwritten version and later a typed formalized version is filed with the court. My ex just won't honor it so back to court we go.
Think of a settlement as a post nuptial agreement. I know your situation is stressful but DO NOT move out of your house until you have a legal agreement regarding the division of property.
Once you have filed for divorce, you are considered legally separated until it's final. Divorce proceedings are not on a specific timeline...take my situation for example. The court system is very slow, usually it takes about 2 months to get a court date. Even if you manage to get a date, your spouse can ask for a continuance or the judge may not have an opening on his or her calendar.
Most judges have heavy caseloads and it's easier for everyone if you settle. Every time you prepare to go to court the judge will continuously ask you to try and go back and voluntarily come up with an agreement. This is not People's Court. This judge just wants to get things done. Nobody cares if your spouse calls and curses you out twenty times a day unless you can prove it.
The best way to enforce a settlement is to include money sanctions for each month if the other party refuses to pay.
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