QUESTION
What can I do if my spouse refuses to sign the consent decree?
Asked on Apr 16th, 2014 on Litigation - Nebraska
More details to this question:
I have filed for divorce and spouse has filed a response. I will agree to response 100%, it's only entails for me to pay for 1/2 of vehicle loan and for her to get maiden name back. But now she refuses to sign the Consent Decree so that I can go file it at the courthouse. What can I do? We've been separated for 3 years and just want it over with already.
11 ANSWERS
Michael J. Breczinski
Get the matter set for trial then.
Answered on Apr 23rd, 2014 at 6:27 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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In New Jersey your do not need your spouse's signature. If the spouse will not sign then there is a provision wherein at the end of the process the Judge will sign a document granting the divorce.
Answered on Apr 18th, 2014 at 12:37 PM
If she won?t sign the document, file a request for hearing on Final Judgment of Dissolution, with the Court. This will request a hearing date.
Answered on Apr 17th, 2014 at 6:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Move for entry of the order based on the fact that there is no dispute.
Answered on Apr 17th, 2014 at 6:30 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If the other spouse refuses to sign a consent decree or settlement agreement then you need to move the case towards trial. The Court will probably have the parties meet with a settlement officer or a judge at some point to help the parties settle the case. You you agree to the Response in its entirety you may be able to file a motion for judgment on the pleadings or for summary judgement but such motions are very rare in family law proceedings.
Answered on Apr 17th, 2014 at 6:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and have it entered by motion. If you do not agree it will cost you both time and money.
Answered on Apr 17th, 2014 at 6:29 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't need her agreement. Once your petition has been filed and she has filed her response you need to either wait for the trial date if it's in King County, or set a trial date if it's in any other county. Then follow the rules for what needs to be done between filing and trial. At trial the marriage will be dissolved if it isn't before that.
Answered on Apr 17th, 2014 at 6:29 PM
James Edward Smith
Get the case set for trial or a prove up hearing.
Answered on Apr 17th, 2014 at 6:28 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If the other party refuses to settle, your only choice is to have a trial and let the judge decide.
Answered on Apr 17th, 2014 at 6:28 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File as a contested action.
Answered on Apr 17th, 2014 at 6:27 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Set it for a trial.
Answered on Apr 17th, 2014 at 6:27 PM