# Wife won't sign divorce until funds clear



## NewBoundariesMan (Aug 3, 2015)

My wife is telling me she won't sign the divorce until the funds clear in her account.
I've asked the lawyer and she says don't pay her as the divorce will still go through just take longer.

Anyone been through something like this?

It's like the chicken and the egg. She won't sign until the funds are clear and I won't give the check until she signs. I'm obviously going to do what my lawyer says and not pay her. Just curious if anyone has been through something like this and how it played out.


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## NothingsOriginal (Sep 23, 2016)

I would think you could do an escrow account at a disinterested third party for a nominal fee.


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## Married but Happy (Aug 13, 2013)

Every divorce is different. Just listen to your lawyer and don't worry about the details. Mine took over 7 years - my ex wasn't reasonable (greedy, basically), so I just had to wait her out. Fortunately, I could wait, and it worked greatly to my advantage.


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## norajane (Feb 7, 2012)

Instead of a check, go to the bank and get a money order or certified check for the amount. Those are different from personal checks - her bank won't need to wait for it to clear like they would a check, so the funds are available to her immediately. Bring the check to the lawyer's office where your lawyer can give it to her when she signs the paperwork.


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## ABHale (Jan 3, 2016)

Follow your lawyers advice.
_Posted via Mobile Device_


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## MarriedDude (Jun 21, 2014)

Do what your lawyer says....

You may ask your lawyer aboyt a lien release type document...i use those quite a bit. They simply state that the signature they give is valid contingent upon payments. Then make sure the check is cashed and you retain the cancelled chexk (or however you are doing it)

Might speed it up
_Posted via Mobile Device_


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## Thor (Oct 31, 2011)

So here's the thing, when you signed the divorce paperwork you agreed to the terms. That means you're bound by court order to pay her when she signs the paper. If you don't, she can take you to court and the judge will likely rain legal hellfire down on you. It isn't like you can pocket the check and walk away forever.

She's being unreasonable.

I would offer some sort of escrow or other similar arrangement. Of course, get your lawyer's full approval with whatever you do. You could go to the bank and sit in the manager's office (with your lawyers if needed). You hand the manager a certified or bank check, or if you both use the same bank you can hand the manager a form to withdraw the money from your account. Your stbxw signs the divorce paperwork and the manager deposits the money in your now xw's account.

Or, you use a bank check as someone suggested. It isn't going to bounce. Or, you go to an escrow company (and make your stbxw pay their fee!) and you have them do the exchange of signed paper for the check.

Keep in mind you could make the same accusation she is. You could hand her the check and she could then not hand you the signed paper. Just because she signed it doesn't make it real if she never hands it over to you. She's being petty and difficult.

What do you lose by waiting? If there is anything material or financial, I'd threaten to sue her for reimbursement for refusing to sign.


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## NewBoundariesMan (Aug 3, 2015)

Thanks for the feedback. I knew about bank checks. The escrow thing is new though. And I know I'll get in trouble if I don't payup. She doesn't care about any of that she is just expecting a double cross at every turn.

I just wanted to see if anyone has gone through something similar.


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## Thor (Oct 31, 2011)

I wasn't implying you wouldn't or shouldn't pay, I was pointing out a reply you could give her as to why she really doesn't have a worry of being stiffed.


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## NewBoundariesMan (Aug 3, 2015)

@Thor
I understood what you were saying. You were pointing out the logical. We both know I would be obligated to pay or be in trouble. 

I was trying to point out she doesn't care. 

I could have the most rock solid impenetrable argument you've ever heard. Backed up by a supreme court judge standing behind me nodding his head while I spoke. And she wouldn't care.


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## Bananapeel (May 4, 2015)

The lawyer's office will have an escrow account that you can use for free. That's what I used for my XWW's divorce and at the D proceedings (actually 15 minutes before we walked into the courtroom) the lawyer handed my XWW a check and had her sign a receipt then it all was filed with the case to show that everything was properly settled between us.


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## NewBoundariesMan (Aug 3, 2015)

@Bananapeel
Excellent info. Thats what I needed. Thanks!


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