My ex filed for divorce before my attorney could get the papers filed. The ex is now refusing to sign the final papers. Can I file for a motion of default, or what are my options?
What does your attorney say? You should review the specific facts with your attorney to find out your legal options.
If you have been served and you filed a response, the soon to be former spouse cannot have the petition dismissed without notice to you.
In some counties, the trial date is set automatically. In some counties, one of the parties need to set a trial date. The local rules for the county where the petition has been filed have information on how the trial date is set.
Once a trial date is set and all parties are properly notified, if the other side does not show up for trial, the court will listen to your side and make decisions. Presumably, the court will grant what you ask if the other side is not there to convince the court not to grant what you ask.
First person to ask is your attorney. And while it's good to get second opinions and do your own research, your attorney was hired by you to answer precisely this kind of question.
For me, I'd need to know more information. For example, the fact that someone filed first likely doesn't matter. So what has gone on thus far.
And refusing to sign final papers? You say final divorce papers, but that isn't something that haopens automatically.
Basically the terms of a divorce come about either by reaching an agreemnet or having the court tell you how it's going to be.
So what is your spouse refusing to sign? Your proposal, his prposal, your agreement, or the courts order post trial?
My advise is to ask your attorney because your attorney has the facts.
If you are looking for a second opinion, then I'd suggest contacting another attorney in your area and asking if they'd be willing to work with you.
Best of luck to you.
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