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If husband filed for divorce but is not currently moving the process along, is there anything I can do to speed things up?

Cape Coral, FL |

My husband filed for divorce. I proposed a settlement agreement, he came back with his own; I disagreed. He changed his agreement so that it basically said what mine said originally. I agreed to it, signed/notarized the papers, and returned to his attorney (I am pro se) a month ago. Nothing has happened since, and according to the court case status website, nothing else has been done or filed. What's the next step, and is there anything I can do to move things along?

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Attorney answers 3

Posted

If the settlement agreement has been filed, then the case can be set for Final Hearing. Contact your husband's attorney to get this done. You didn't mention whether you had children, if so, you also need to file a Parenting Plan. Good luck.

Please be advised that this forum is intended solely for the dissemination of general information and should not be construed as legal advice. By participating in this site, you understand that no attorney-client relationship is established by the answering of a question on this forum and that any information and/or materials provided are general in nature and may not apply to your specific factual or legal circumstances. The law office of Veronica Semino, P.A. is a family and real estate firm located in Miami, FL serving both Miami-Dade and Broward counties. Should you wish to speak with us in more detail about your case, we may be contacted via email at info@seminolaw.com or by telephone at (305) 519-4983.

Asker

Posted

No children. I've signed the settlement agreement, he hasn't/hasn't filed it with the court yet.

Posted

If they are not pushing it along, then file a motion to have a case management conference scheduled. At that time that attorney can tell the court where the case is standing. If they are not doing anything at all you can file a motion to schedule it for trial. That always gets things going.
Good Luck

Sema Yildirim

Sema Yildirim

Posted

If you do have a fully executed settlement agreement all you have to do is schedule it for final hearing

Asker

Posted

He hasn't filed the settlement agreement with the court yet - don't understand why, since it was his agreement! Am I able to file a motion to schedule the trial, even though I wasn't the one who originally filed for divorce?

Sema Yildirim

Sema Yildirim

Posted

If you do not have a fully executed agreement (signed by both), you have nothing. He may have changed his mind. You are a party to the action as well. You can file motions. I suggest that you call his attorney first. Find out where he is with the case. Ask him if your husband signed the agreement. If he did then ask the attorney to send you a copy of it. Then you can finalize the case. Otherwise you can file a motion to schedule the case for case management conference. At that conference you can ask the Judge to move the case forward or schedule it for trial. Or you can just file and motion to schedule it for trial. That will move them. You can call the judge's assistant to schedule your motion for a hearing. Good Luck

Sema Yildirim

Sema Yildirim

Posted

If you do not have a fully executed agreement (signed by both), you have nothing. He may have changed his mind. You are a party to the action as well. You can file motions. I suggest that you call his attorney first. Find out where he is with the case. Ask him if your husband signed the agreement. If he did then ask the attorney to send you a copy of it. Then you can finalize the case. Otherwise you can file a motion to schedule the case for case management conference. At that conference you can ask the Judge to move the case forward or schedule it for trial. Or you can just file and motion to schedule it for trial. That will move them. You can call the judge's assistant to schedule your motion for a hearing. Good Luck

Posted

You should contact the judge's office and ask to set a case management conference where not only would both sides explain to the judge what issues remained unresolved, but you can ask the judge to set a timetable to keep the case moving. An alternative would be to schedule a mediation in the case in order to get the parties to both agree that a settlement had been reached, in which case a final hearing can be scheduled. Since you are doing this pro se, you need to remember that you need to coordinate dates for any hearings or mediation with your husband's attorney and send out and file notices for the agreed upon dates. Good luck!

Legal disclaimer: this response is not intended to create any attorney-client relationship and is based on the limited facts given and should not be relied on as legal advice. It is recommended that you consult with an attorney before taking any action based on the foregoing statements.

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