Wife Won't Sign - Now What

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Wife Won't Sign - Now What

Unread postby iamthedad » Wed Feb 22, 2017 5:37 pm

Father if 2 in CA. Divorced November 2014. In the papers filed, the support and responsibility for medical was not defined - that was defined initially in the separation.

Now we're divorced and have the final papers to agree on and file - but now I have 50/50 and so that support (child/spousal) was reduced (by disomaster) - not by much, but some.

Since I was not represented, NJs attorney drew up the papers as the judge stated, I agreed and signed them. The papers favor the ex significantly (financially), but she would not respond to her attorney and still hasn't - and year and a half later.

My question is: What do I do now? Can I go before the judge and have him 'encourage' her?

[edit] I should note the NJs attorney is filing papers tomorrow to divorce herself from the ex.
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Re: Wife Won't Sign - Now What

Unread postby big guy » Thu Feb 23, 2017 11:11 am

You could be in a world of hurt. Details matter. There is a reason not to wait. Now you have a lot more money that will be spent. Are you sure that you are really divorced?
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Re: Wife Won't Sign - Now What

Unread postby Ohiogal » Thu Feb 23, 2017 11:35 am

big guy wrote:You could be in a world of hurt. Details matter. There is a reason not to wait. Now you have a lot more money that will be spent. Are you sure that you are really divorced?

I don't think he is divorced because the papers have not been signed by the judge declaring them divorced.
I am licensed only in Ohio. NOTHING stated by me is legal advice OR forms an attorney/client relationship or is to be taken as me advising you regarding YOUR personal LEGAL circumstances.
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Re: Wife Won't Sign - Now What

Unread postby iamthedad » Thu Feb 23, 2017 2:13 pm

Yes - for sure really divorced. Marital Status Ends 11/12/14. Final Judgement on Dissolution Filed 11/13/14.

Now, we still had the financials to iron out, so, on 2/19/15, "Counsel informs the court that the parties have reached an agreement on all issues before the court at settlement conference."

NJ still fighting, so we attend mediation on 8/4/15. Court adopts the Family Court Services Memorandum of Understanding dated 8/5/15. This is where I was 're-awarded Joint legal and physical 50/50 since this was already in place from the divorce from 11/12/14. Since we had an agreement (I stopped fighting, told her to take the whole damn 401k if that's what it took to make this go away) Judge ordered NJs attorney to draw up the agreement. She did. I signed. She said she'd file.

And she would have, only from that moment up until now, the NJs attorney cannot get NJ to respond. Emails. Phone calls. Nothing. She fell off the face of the Earth. So today 2/23 NJs attorney is filing the paperwork to remove herself from representing NJ.

So, here I sit, with an agreement in place but the NJ is hiding from her attorney and won't sign. Now she's got Child Support barking at me, although I went down and we got that resolved. Once I get the notification from the court about NJs attorney (next week) I'll need to go down and find out what my next step is.

I'm 100% divorced but need to know what my steps might be to get this final document filed.
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Re: Wife Won't Sign - Now What

Unread postby Phoenix853 » Thu Feb 23, 2017 2:20 pm

Why not wait until her attorney is taken off the case.
Request a transcript from the courts.
Get any and all documents related to your divorce and sift through them with a fine toothed comb.

I'm assuming your wondering about the 401K or am I missing something?


If there is no mention to her taking all of your 401K or it wasn't filed then move on with your life and I'm sure she will try and revisit this down the road with no record to back her up.

Maybe Ex owes her attorney and is hiding from her. Maybe Ex's attorney isn't getting paid so neither will your Ex.

Is that what your asking about? Or am I off base on this?
Last edited by Phoenix853 on Thu Feb 23, 2017 2:24 pm, edited 1 time in total.
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Re: Wife Won't Sign - Now What

Unread postby iamthedad » Thu Feb 23, 2017 3:07 pm

Phoenix853 wrote:Why not wait until her attorney is taken off the case.
Request a transcript from the courts.
Get any and all documents related to your divorce and sift through them with a fine toothed comb.

I'm assuming your wondering about the 401K or am I missing something?


If there is no mention to her taking all of your 401K or it wasn't filed then move on with your life and I'm sure she will try and revisit this down the road with no record to back her up.

Maybe Ex owes her attorney and is hiding from her. Maybe Ex's attorney isn't getting paid so neither will your Ex.

Is that what your asking about? Or am I off base on this?


No, I apologize if I wasn't clear - it all gets mixed up in my head. I just want it over at this point. My fight was for 50/50. She can have the money - I'll make more. There isn't much anyway. It's not worth fighting for, and that's what I told her attorney when she and I were "negotiating" the financial aspect of the settlement (separate from the actual divorce).

I obtained the minutes yesterday. Cost me $6.50. It is noted that we had an agreement and that her attny was to draw it up. This happened and I signed - gave them everything they wanted, pretty much, because the NJ was arguing for the sake of the fight. There was nothing left to be gained beyond pride and I'm long past that.

So now I have the document, signed and ready, except the NJs signature is missing so her lawyer couldn't file it, and her lawyer couldn't get NJ to respond (even though she got all she wanted) so here we are. It is most unfortunate that her attorney didn't clue me in, but I guess she didn't have to...

Her attorney asked me to wait before I went down to talk with family court services about what I can do. I told her I would. She told me she would file with the court today, so I'm assuming I'll get the official notification next week and I can go from there, I'm just not sure what's about to happen and I'm looking for some insight into that since I am not represented by an attorney at this time.

I should also say that this is, in my opinion, a money grab. The ex wants me to keep paying the higher support figure. That's why she didn't sign and has been hiding from her attorney, and not because she didn't get what she wanted. She does this because she's passive/aggressive (IMO among other more troubling things) and needs to keep this going - needs to keep punishing - needs to keep exacting revenge. Anyway that's not relevant. My DGAF meter, as it's called here, is pegged on low.
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