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AttyHeather
AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 677
Experience:  15 years law practice experience
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Daughter signed an agreement with ex. He hasn't signed the

Customer Question

daughter signed an agreement with ex. He hasn't signed the document and seems to be stalling.She is in Arizona.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: She has ..but the lawyer oesn't get back to her when she tries to talk to her.
JA: Please give me a bit more information, so we can help you best.
Customer: The were to sign the agreement and avoid going to court. She signed thinking it was a done deal. THERE WAS ATIME LIMIT ON THINGS HE HAD TO DO...BUT Only after he signed it. Caps sorry
JA: Is there anything else important you think the Lawyer should know?
Customer: How long can he procastinate?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
He was to get her name off the house and his business, plus pay her an amount within 3 months or have to sell the house.Lawyer sent him the contract to sign. 28 days ago.
Expert:  AttyHeather replied 1 year ago.
Hi, I'm Heather S., an attorney with 15 years family law experience, and I'd like to assist you for educational purposes and not as legal advice. If he is supposed to be signing a voluntary settlement agreement, then unfortunately, he can stall, if that is what he is doing, however long he wants to. This is because signing the settlement agreement papers is voluntary and not something he has to do. Your daughter's attorney can put the pressure on by filing a motion for temporary orders, or a motion to have a trial date set. If the attorney does that, there will be a date he has to act by, or face the consequences of not acting, which is going to a hearing. Does that help with your question, which was about how long he can stall?
Customer: replied 1 year ago.
great.... what is a motion for temporary orders? Which would be the best way of the two ? Any advantages one over the other?
Customer: replied 1 year ago.
Can I talk to her lawyer in her place with her agreement?
Customer: replied 1 year ago.
Can she make him pay for that ?
Customer: replied 1 year ago.
In other words can she word either one that if it comes to that he will be p[aying the costs opf the court and her lawyer ?
Expert:  AttyHeather replied 1 year ago.
A motion for temporary orders would be a motion to get temporary orders set up while you wait for the divorce to go through. Normally, there would be a temporary child custody order, child support order, alimony order, an order for temporary possession of the home, and an order requiring a party to pay debts. There could be other orders, and some motions include what I have listed - others do not. It is very case specific. She can ASK in the motion for him to pay for that, but there are no guarantees, as the judge will decide that, and just because the judge orders him to pay does not mean he complies, in which case, she would have to collect the money, which is why most attorneys will still insist on a retainer. If she has signed a wavier with the attorney to give you permission to speak with him, he should speak to you. Otherwise, he probably won't.If this information has been helpful, please give me a positive rating! :)Best of luck!
Customer: replied 1 year ago.
They have been divorced for three years.
Expert:  AttyHeather replied 1 year ago.
It sounds like he is not complying with the terms of the Decree of Divorce. In that case, the attorney should file an enforcement action. These are usually called a Motion for Order to Show Cause. If he won't comply with the decree, and he keeps stalling, then the attorney can file the motion for enforcement and ask for the ex husband to pay. Again, the judge may order him pay, but if he does not, she would have to collect. Thank you for that clarification.