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Can I file motion to enforce a divorce decree judgment as the same time as my ex has filed an appeal? He lives in another state.

Seattle, WA |

I was awarded $10000 attorney fee as well as our family home. The decree has been finalized in a month. Now he filed an appeal, and stop responding to my request of having him to sign the QCD and to pay the fee. What can I do now, I can't just wait for things to happen especially he lives in a different state from me, and his attorney is very unresponsive too. Meanwhile, I have a refinancing loan application pending. What can I do now?

Attorney Answers 3

Posted

You'll have to consult with your current attorney if you have one. Other options are to talk to an appellate attorney, or file a motion in the Court of Appeals to stay the appeal and allow the trial court to enforce its decision pending a decision in the Court of Appeals. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on divorce for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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Posted

I am not a Washington attorney and cannot advise as to Washington law. But, it is my understanding that filing an appeal generally does not stay enforcement. If you do not have an attorney I suggest you find one immediately. Where your ex resides has no bearing on this issue, but of course may complicate any collection efforts. Good luck.

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Posted

you can enforce the decree
if he wants to stay the enforcement he will have to post a bond
this is something you will need an attorney to help with

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