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KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4219
Experience:  13 years of experience practicing law.
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Need to find a way to convence my wife to sign divorce papers.

Customer Question

Need to find a way to convence my wife to sign divorce papers. Been almost 2 years. Our custody battle is on going because she appeal our "Shared Custody" ordered by the judge. She is in a relationship with another man at this time. Her lawyer is advising her not to sign...I believe it's because she feels it will be a benifit because they know I'm engaged and if I'm married when we go to court in December it may hinder her being able to change custody order.

I have a background check on the guy she is dateing. He has 32 criminal acounts from 2004 through 2008 and is on probation at this time. I also have proof that he intentionally quit his job so he could receive unemployment. I have proof that he is collecting unemployment and I have proof that he is working. Can I or should I use this as leverage to possibly get her to sign divorce papers?
Submitted: 6 years ago.
Category: Family Law
Expert:  KimberlyLaw replied 6 years ago.
Hello, I am happy to assist you today.

I wouldn't use something against her to force her to sign any papers, because then that could be seen as possibly illegal and make them void in the future.

It is actually quite simple. If she doesn't sign the papers, you go to court and the court will determine what the future responsibilities should be between you. You both have to argue your own side and then see what happens. You can't force her to sign. But you can get this resolved without her agreement here.

Take care,
Customer: replied 6 years ago.

What do you mean by future responsibilities? Custody appeal date is December 21, 2011 if that's what you mean. As for as the divorce, she is using it as leverage because I wouldn't sign an amendment to the court order to give her back on of my visitation days which are 5 days stright then she get our son 9 days stright. What exactually do I ask to be able to do as you suggested?

Expert:  KimberlyLaw replied 6 years ago.
By future responsibilities I meant whatever the judge decides about custody, child support, etc.

You have to ask the court for whatever you want the situation to be. Don't even worry or think about her side of the argument. The first issue should be what is in the best interest of the child, which is the standard that the court will use. Then just ask for whatever makes the most sense for you and the child. The court has to weigh both sides and figure out what is best for the child, not for either of you individually.
Customer: replied 6 years ago.

I'm sorry....I agree and understand best interest of child etc. and all that has been determined by the court. Child support is in place and etc. My wife appealed because she lost her battle for sole custody which is why we go back in December.


My point is ...I want my divorce, it's been almost 2 years. She won't sign as she is using for leverage. Can I get a divorce without her signing? I'm sorry if I haven't been clear.

Expert:  KimberlyLaw replied 6 years ago.
Yes, I am sorry, I guess I wasn't clear above.

Yes, you can get a divorce without her signing! Have you only filed for child support and custody but not divorce? That should be decided by the judge now that the other issues are determined. No need to get her to sign anything, the judge will grant you a divorce.
KimberlyLaw and 6 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Divorce has been filed for, twice in fact. In the state of Va. how would I go about getting the judge to grant me a divorce. I live in Accomack County, Va.?
Expert:  KimberlyLaw replied 6 years ago.
You just have to make the motion and get it moving forward. It sounds like you don't have a lawyer, but it will go much quicker if you get one, because they know all the procedures.
Customer: replied 6 years ago.

Thank you...I will do so.


Expert:  KimberlyLaw replied 6 years ago.
You are welcome.
Good luck to you.