November 30 2011 will make two years since the divorce was filed. My soon to be ex wife and I had an agreement made up saying that on November 30 the spousal support will end. I signed my part to everything but she hasn't and I haven't talked to my attorney since April. My attorney never calls me back, ever. Even if she didn't sign and she was the one who filed for the divorce will the divorced be granted after two years even if she don't sign? And what about the spousal support will it end also? How long can she drag it out? My attorney never contacts me and November is coming and I don't know what's going to happen or who I can talk to.
Family Law Attorney
No, it is not likely that the support will end. I assume that you are paying the support through a court order. Given that assumption, the support will continue to be your obligation until an Order is entered which terminates support or you are divorced. Divorce is not automatic after two years, there are pleadings that are required to be filed and if you have not resolved all of the outstanding issues (i.e. equitable distribution of property etc.) you will not be able to finalize the divorce without going to court. You can proceed without her consent if you file an affidavit indicating that you have lived separate and apart for two years, however the appropriate notification must be given. The length of time it will take to finalize the divorce if she does not want to agree to move forward is dependent upon the court's schedule after you file the appropriate pleadings. I suggest that you schedule an appointment and actually go in and meet with your attorney to discuss this.