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I am using my friends account. My fiance and his wife have done all the paperwork for divorce.....

Asked over 1 year ago - Newnan, GA

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They have also been to court concerning the custody and support of their daughter. There is no contesting and no property or anything to deal with. We have turned in everything to the wife's lawyer that has been asked of us and the divorce is STILL not finalized...this has been going on for 3 years now....what should our next step be to get this divorce finalized???

Attorney answers (4)

  1. Contributor Level 11

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    Answered November 02, 2011 11:42. Although there could be any number of reasons for the delay, I would look closely at any advantage the wife might be getting as a result of the divorce not being finalized. For example, if a temporary hearing is in place, and the agreement between the parties is less advantageous to the wife than what she is getting under the temporary hearing, then the wife has an incentive to drag her feet on requesting a final hearing. Three years to finalize a now-uncontested divorce is a substantial delay.

    Your only sure-fire way to get things moving is for your fiance to hire an attorney to represent him, look into the reasons for delay, and, if appropriate, request a final hearing. Your fiance could probably request a final hearing himself, but this approach overlooks the possibility that there may be other serious issues with the case that are holding it up.

  2. Contributor Level 18

    Answered November 01, 2011 14:58. Your first option may be to find out why things have not been finalized yet. Your fiance should consider either contacting his wife's attorney or asking her to contact the attorney to find out the cause of the delay.

    Alternatively, your fiance could contact the court directly to have the case scheduled for a final hearing. If there is indeed nothing to contest/dispute, the judge can issue a final divorce based on both parties presenting oral testimony regarding their mutual agreements.

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
  3. Pro

    Contributor Level 20

    Answered November 02, 2011 12:12. If a case has been going on for three years without being finalized, step one is to get a lawyer and look into it.

  4. Pro

    Contributor Level 9

    Answered November 08, 2011 09:08. Your fiance needs to understand that the Wife's attorney only represents the Wife. He should consult with an attorney to find out what is causing this unreasonable delay.

    Legal disclaimer: In answering your question, my law office and I are not undertaking to represent you, and you... more

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