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Filed for a divorce over a year ago , still married.

Irving, TX |
Filed under: Divorce

I filed for a divorce over one year ago . No children,properties,monies. We agreed she gets half my pension I get half of hers. The only problem she will loose my health insurance when the divorce is final, she has refused for one reason or another to sign these papers, it's become very stressful.How can I get this divorce finalized without her signature any help will be greatly appreciated.

Attorney Answers 3


You need to file a motion to bring the issue before the Court. I would hope that you have some evidence that she was in total agreement and just wont sign. If not, then the Court will have to set the matter for final adjudication.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

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In Texas, generally, you get a pre-trial hearing date at your motion for temporary orders. These aren't generally done in uncontested divorces.

However, since your wife is refusing to sign the papers, you're in a contested divorce and a judge will have to make a ruling. Even though you have no children or property, it's still a good idea to get some temporary orders in and schedule a pretrial conference. Since it's just regarding property, it should go pretty quick.

However, dividing up pensions get complicated and usually require a QDRO. I'd strongly recommend consulting a local attorney.

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Obtain a trial setting in order to finalize your divorce. Pursuant to federal law, she can COBRA the health insurance after the divorce while she looks to obtain insurance in her own. Contact the court coordinator to obtain a pretrial and trial setting and give your estranged spouse proper notice of the settings. You may want to consider hiring an attorney. Even though you state there are no properties or monies, you stated there are pensions which require QDROs. A QDRO is not a document that I would advise a pro se to draft. Good luck.

This response in general in nature and not specific to any facts in your case. This response to this general question does not establish or an attorney-client relationship between the person making the inquuiry or the attorney responding to the inquiry.

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My wife and I both have attorneys, evidentley not very good ones. No matter what we agree to and we don't have that much , at the last minute she changes something and refuses to sign the divorce papers

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