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Severing Divorce...can the stbx refuse?

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  • Severing Divorce...can the stbx refuse?

    My lawyer mentioned this last week..
    he feels our case will take at least another 18 months to resolve..so he had suggested this idea of severing.
    Does the stbx have to agree on it? I can see him refusing to just to be a tool.

  • #2
    Does the stbx have to agree on it?
    Unless you are willing to bring a motion for it, yes.

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    • #3
      You cannot force anyone to agree to a contract, which is what this would be. You cannot force someone to sign a consent order.

      If the other party doesn't agree, then you have file a motion order (without consent) and have a hearing and have a judge decide. The judge issues an order if they find in your favour.

      Sorry if this seems basic and pedantic, but to understand you have to see the difference between you and a judge. A judge can make an order requiring something even if both parties disagree. If there is no judge's order, then anything either has to be on a consent motion, or through a signed contract/agreement that both parties agree to.

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      • #4
        Thank you, Mess.
        You made this easy for me to understand in plain language.
        (I have a medical background, not a legal one, so I don't understand alot of the terms.)

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