A what if?

[canthisberight]

Everything money wise, support wise is settled...

The last thing that the ex is "court ordered" to do...is to file for the divorce at her expense..must be done by end of month.

If she doesn't file? Will we need to pay our lawyer again to inquire about this?

If its court ordered and not completed what could happen?

[rockscan]

He can file. Its not difficult. He can also ask for costs but he won’t get them.

[canthisberight]

Ok..but we have it in writing..

That she is to file and pay by Dec 31st?
Does that mean anything?

[pinkHouses]

Can the Order be taken to small claims court and a reimbursement of fees won?
Can someone explain why not if the answer is "no"?

[rockscan]

Because the courts are backed up and this would take more time and money to do. The best they could do is file a contempt of court but with things the way they are, it will take forever.

[pinkHouses]

Because the courts are backed up and this would take more time and money to do. The best they could do is file a contempt of court but with things the way they are, it will take forever.

Small claims court. Lots of room in small claims court.
So can it be brought there?

[rockscan]

All courts have certain jurisdictions and limits to what they can do. Small claims court is for financial issues between two parties that are not family law related. Family Law matters go in Family Court/Superior Court.

If the person won’t file the divorce do it yourself if you want it badly enough.

[canthisberight]

Thanks everyone..

If she doesnt file..we will...its all to do with the health plan arrangements

[rockscan]

Shes not his spouse so he can remove her from his benefits.

[canthisberight]

its in the agreement...

that he keeps her on the health plan til they are divorced, at which time she has to provide her own health plan.

[pinkHouses]

You are getting wrapped up over nothing, don't spend a dime on a lawyer for February then think about it.

[canthisberight]

Prob just going to wait it out...more along the lines of...I have my own health plan..which I was able to add him to..he wants me on his...as better coverage...but certainly no huge rush..
But in the seperation final agreement, part of the support he is paying is so that she can get her own health plan upon divorce....so thats partly why we want it done.
But again, in grand scheme of things, not a big deal, I just like input!

[rockscan]

Well if it says she files for divorce and she doesn’t then he can take her off his benefits and say he doesn’t have to follow the agreement either. Let her take him to court for contempt which won’t happen.

Plus if she doesn’t file by the date, file himself and get it done.

[canthisberight]

I thank everyone

for their thoughts and the summing up of it.

I even stated no urgency, so glad it was repeated.

We will just take a wait and see approach...no remarriage planned at this time..