QUESTION
If my wife will not sign the final divorce papers in due time, what is my recourse?
Asked on Jul 17th, 2013 on Divorce - California
More details to this question:
I have filed for divorce and it has gone on with an attorney for 4 years. I am done. I signed the papers in his office yesterday.
6 ANSWERS
Dennis P. Mikko
I am not aware of any court that would allow a divorce action to stay on its docket for 4 years. Your attorney should file a motion with the court seeking to bring the matter to trial or settlement.
Answered on Jul 18th, 2013 at 5:10 AM
You should ask your attorney, as it is difficult for any of us to respond as we do not know the specifics of the case. That being said, if you have been separated for this length of time, you could still get divorced, but the specifics of the divorce may or may not change (again, I don't have all the information).
Answered on Jul 18th, 2013 at 5:10 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Why isn't your attorney not answering this question for you? Ask your attorney. He/she should know the answer. If the case is stagnating and you want it over, your options are either to settle on your spouse's terms or go to trial to get a final resolution.
Answered on Jul 18th, 2013 at 5:09 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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If she will not sign the paperwork for an uncontested divorce, then the case is contested and you have to proceed to court. Talk to your attorney or an attorney about how best to proceed.
Answered on Jul 17th, 2013 at 1:03 PM
If you have an attorney and your spouse won't sign, your attorney can submit the papers to the court and ask that a judgment be entered based on the written agreement. Alternatively, your attorney can set the issue for trial and force a judgment. A family law proceeding can be very frustrating mainly because you are dealing with two people with feelings that have been abused. Hang in there. It will get done
Answered on Jul 17th, 2013 at 12:05 PM
If she refuses, your attorney can Petition the court to have an "Elisor" sign on her behalf.
Answered on Jul 17th, 2013 at 11:58 AM