Asked over 1 year ago - Newnan, GAFlag
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???
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.
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.
24,767 answers this week
2,610 professionals answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary