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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Im in the middle of an uncontested divorce in Tarrant county,

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I'm in the middle of an uncontested divorce in Tarrant county, TX. I filed the petition, she filed an answer. My understanding is that since she filed an answer, and we haven't as yet signed the decree to take to the judge, we both have to be in court. Now, all of a sudden she won't answer my calls/emails and therefor I can't set up an agreed upon court date. What are my options to get this taken care of if she won't participate?
Submitted: 6 years ago.
Category: Family Law
Expert:  LawTalk replied 6 years ago.
Good morning,

I'm sorry to hear of your dilemma.

The failure of you and your wife to work together in getting the divorce finalized means that you now potentially have a contested divorce. You will need to proceed as though the divorce specifics can not be agreed upon, that you now have a contested divorce, and ask the court to set a hearing date if there is something that needs the court's attention.

Without her agreement to the marital property settlement agreement and other issues such as child custody/support---if there are children of the marriage---you will probably want to retain a local attorney to handle the matter for you as it will quickly become too complicated for you to do on your own, I'm afraid.

I wish you the best in 2010.

Best regards,

Doug

Customer: replied 6 years ago.
One last thing, we don't have children and we agreed upon how to spit up assets/debt (nothing to fight over, I didn't have property and I let her keep all of hers and I paid my share of our combined debt). Everything was done through email and I've met my obligation per our emailed agreements. So there really isn't anything to put in the decree, unless of course she changes her mind and wants more. Are those emails legally enough to take to a judge to show I've done my part? She also had agreed to meet certain obligation but hasn't. Basically I've done my part, she hasn't.
Expert:  LawTalk replied 6 years ago.
Good morning,

I'm afraid that the emails are pretty much worthless. Despite what agreements might be made before the decree, any party may change their mind and seek from the court what is available under the law and a prior agreement which takes the form of emails discussing how the settlement agreement will read are not going to be controlling. However, you will receive credit for all that you have already given up and all that you have paid toward the finalization of the divorce.

It sounds as though she has what she wants and just wants to be a pain in your side by being difficult at this point in time. A local attorney would significantly move things along for you.

I wish you well.

Best regards,

Doug

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