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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29299
Experience:  Attorney with experience in family law.
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I went to court to end my spousal support and divorce on

Customer Question

I went to court to end my spousal support and divorce on March 31, 2014. My spousal support ended on July 1, 2014 but two years later I'm still married. My spouse and I both signed a form to end the divorce (I'm not sure what the name of the firm is). I went to my Lawyers office a few months ago to see why I was still married and the secretary said she was waiting on the spouse to sign a form (the same form we signed 2 years ago). In the meantime the form expired and she won't sign it again. How can I get this resolved? Is the secretary at fault for not filing with the court?
Submitted: 7 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 7 months ago.


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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Expert:  Lucy, Esq. replied 7 months ago.

Do you have any other questions about this?