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.

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?

Seattle, WA -

Attorney Answers (3)

Bruce Clement

Bruce Clement

Divorce / Separation Lawyer - Auburn, WA
Answered

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

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Jeffrey Alan Robinson

Jeffrey Alan Robinson

Divorce / Separation Lawyer - Gig Harbor, WA
Answered

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

Jonathan R. Miller

Jonathan R. Miller

Family Law Attorney - Titusville, NJ
Answered

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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