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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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I am respondent. Our divorce was filed over 61 days ago. My

Customer Question

I am respondent. Our divorce was filed over 61 days ago. My wife and I have agreed verbally to all terms of the decree over 45 days ago. I have asked several times for the final decree and constantly get " he is working on it" as a reply. Can I finalize the divorce, if we both have signed a decree, or do I have to wait for her attorney?
Submitted: 5 years ago.
Category: Family Law
Expert:  David L replied 5 years ago.
Hi. Unfortunately, you can't really finalize anything without their agreement, and I assume that wife will wait for her attorney before agreeing to the final document. If she is willing to sign a decree without her attorney, the two of you can finish it up. However, I can't imagine she would do that. You can keep pushing wife to keep pushing her attorney to get things finished up.
Customer: replied 5 years ago.
previous exchange:

I am respondent in a divorce. Can I appear in court to have this finalized, or is that only the petitioner and her attorney can appear?
Atty: You can file a "Notice of Hearing" and place the divorce on the court calendar and appear to request the court grant the divorce.
Me: How long will that take
Atty: Depends on the calendar of the court and how soon you can get on the calendar. It will have to be at least 10 days out because you have to give notice to your wife's attorney when it is scheduled. I would suggest scheduling 20 days out.

Is this an adversarial process, will it make them mad?
Expert:  David L replied 5 years ago.
You can set it for hearing, but usually the parties will decide on the hearing date together and then one or the other party sends out the notice. Probably the better way to do it is to call or write them and suggest a few dates and simply state that if they don't respond with a list of convenient dates then you will move ahead without them and set a hearing date.