QUESTION
What can I do if we are one step away from finalizing our divorce but ex-husband won't cooperate?
Asked on Dec 20th, 2013 on Divorce - Florida
More details to this question:
I'm one step away from finalizing this dragging divorce. My ex-husband refuses sign the last official document. And my lawyer is telling me that we should just wait for him to sign it. But we have been waiting forever. I just want to get this over with. I asked my lawyer if we can do hearing at the court for Judge to just finalize our divorce. And my lawyer is telling me that that is not a good idea. In this situation what can I do to finalize this divorce? (This is no-fault divorce case.)
9 ANSWERS
If I were your attorney, I would file a motion with the court and ask the court to make him sign the papers. Or get the judge to sign them anyway.
Answered on Dec 24th, 2013 at 4:39 AM
4 Awards
You need to follow your lawyer's advice. If your lawyer is indicating it is not a good idea to have a default hearing, there must be a good reason and your lawyer would have all of the facts in your specific matter.
Answered on Dec 24th, 2013 at 4:39 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Its expensive but file a motion and ask for arbitration. once your ex has to start spending money he may sign.
Answered on Dec 24th, 2013 at 4:39 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I think the best thing you can do is listen to the attorney who is representing your best interests.
Answered on Dec 24th, 2013 at 4:39 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Trust your lawyer or find a new lawyer, that is all.
Answered on Dec 24th, 2013 at 4:38 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Trust your attorney.
Answered on Dec 24th, 2013 at 4:37 AM
Robert J. Sayfie
If the parties can't settle, only a trial can result in a final judgment.
Answered on Dec 20th, 2013 at 8:15 PM
It seems to me you have several choices to consider of what you can do. (1) You can fire your lawyer and file for a hearing yourself; (2) You can order your lawyer, in writing and keep a copy, to file for a hearing to finalize; and, (3) you can fire your lawyer and get a new lawyer. Sitting and waiting is NOT an answer or solution. Good luck.
Answered on Dec 20th, 2013 at 8:14 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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I am a divorce lawyer in the state of Utah, so my comments and opinions are limited to my experience in this jurisdiction: Assuming you are not a problem client and you are current in paying your attorney's bill, there could still be very legitimate and very reasonable explanations for why your attorney appears not be doing anything and/or why your attorney is not returning your phone calls, but I doubt it. Divorce lawyers are generally (although not universally) among the most lazy, stupid, and crooked attorneys in the legal profession. I know this because I am a divorce attorney who has to deal with these kinds of attorneys every day (and yes, I am an exception to the lazy, stupid, and crooked divorce lawyers). If your attorney appears to be doing nothing, not moving the case forward, won't return calls, and isn't at least keeping you updated and apprised of the status of your case and the reasons for that status, your attorney has likely lost interest in your case, and you'd be better off replacing him/her to get some progress made.
Answered on Dec 20th, 2013 at 8:14 PM