Can a judge grant me a divorce even if my husband won't sign the divorce papers?

Asked over 3 years ago - Dallas, TX

My husband and I finally came to an agreement for our divorce but now he doesn't want to sign the papers because the last time that we went to court he agreed to pay my lawyers expenses for reopening the case. Now he wants me to sell one of the vehicles that were granted to me to pay him the money. He owes that money to his lawyer because he didn't have the money at the time so his lawyer put in money out of her pocket and now his lawyer is tellinh him if he doesn't pay her the money back he will noit sign the papers and make this divorce case longer. What can I do? Can the judge grant me my divorce without him signing?

Attorney answers (1)

  1. Thomas James Daley

    Pro

    Contributor Level 18

    Answered . Yes.

    If you have a mediated settlement agreement or a Rule 11 Agreement disposing of all issues, then file a motion to enter judgment and set a hearing. Notify his attorney and then show up on the appointed day.

    If you don't have a mediated settlement agreement or a Rule 11 Agreement, you might try a half-day mediation with Bo Brown (very good, not very expensive) and see if you can reach agreement on the remaining issues. Once that is done, file the mediated settlement agreement, draft a decree, and set the motion to enter.

    If you can't mediate, then set it for a half-day trial. The judge will give you a ruling, which you can reduce to an order, and then set the motion to enter if your husband won't sign.

    You need a family law attorney to help you through this. As you can see, it's proceduraly nontrivial and you don't want to get this wrong otherwise the matter will linger for a very long time.

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