Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
If your wife is refusing to sign the form, you can file a Motion for Trial, noting that the case is 2 years old and you're still not divorced. The judge will set a hearing date for you to go in and explain that you no longer wish to be married to each other. Your lawyer should do this for you for free, because it sounds as though their negligence in not filing the form is the only reason you're still married. If you have to pay another lawyer to resolve it, you could actually sue the first lawyer for the cost. But talk to the original lawyer first. See if they can give you any more information about what happened (such as, why were they waiting for your wife to sign a form she already signed? What happened 2 years ago to prevent the filing?) Then have them explain to you how they're going to fix it. If they won't do anything, you can sue them for breach of contract. Part of agreeing to take on a divorce case is ensuring that the spouses wind up divorced.
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