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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 01-09-2019, 11:36 AM
bluewater bluewater is offline
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Default Ex won't sign FSCO forms to move ahead with divorce

Hello All,

My ex and I have a final order on consent (Aug 2016) that lays out our schedule, our son's school and all of the custody arrangements. It also states that our pensions shall be equalized. For what it's worth my pension is worth significantly more than hers.

We are still separated (since March 2015), and my ex has refused to consent to a divorce as she does not want me to marry my new partner. She refuses to sign the pension forms (FSCO 1&2) to evaluate and equalize our pensions as this is the final step before we can get divorced, despite the court order.

I had my lawyer send the forms to her lawyer, but my ex claimed that she was now self-represented and that she did not receive the forms at all. Now she says that she will not sign them at all even if I give them to her.

So what is my recourse here? How can I compel her to sign the forms so that we can move on with the divorce? Everything else is done and settled but this one piece.

Thanks in advance!
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Old 01-09-2019, 11:55 AM
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Janus Janus is offline
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Can you sever the divorce from the rest of the divorce proceedings? Then she can take her sweet time on the pensions.

Is she saying that she will never sign the forms in writing or verbally?


Anyhow, the way to get people to do something that they are refusing to do is through the courts. So, if she refuses to do something that she is supposed to do, you go to court, and they will force her.


What did your lawyer say?
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Old 01-09-2019, 01:23 PM
bluewater bluewater is offline
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Janus,

Thank you for your response. I may be able to sever the two issues, but do I need to seeing as there is a court order stating that the pensions are to be equalized?

She has never put anything in writing. She has ignored all correspondence from my lawyer and only told me verbally that she will never sign.

My lawyer said to send her another letter with a deadline, but she has ignored all of the previous letters and the court order on this issue. What more can a judge do to force her to sign the forms besides another court order for her to ignore?

Thanks
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Old 01-09-2019, 03:05 PM
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Quote:
Originally Posted by bluewater View Post
Thank you for your response. I may be able to sever the two issues, but do I need to seeing as there is a court order stating that the pensions are to be equalized?
If both parts of the order were important to you, then no, of course not. However, I'm guessing you don't really care about the pension nonsense, but you care about the divorce. I've never seen an application just to sever, but I figure in this case it might be appropriate

Probably it would be better just to force her to sign. I just like the idea of screwing her over for not signing. You get your divorce, she doesn't get her pension equalization... well, she gets it eventually but not immediately, and maybe never if she loses the paperwork.

Quote:
My lawyer said to send her another letter with a deadline, but she has ignored all of the previous letters and the court order on this issue. What more can a judge do to force her to sign the forms besides another court order for her to ignore?
A judge can issue an order that allows you to proceed without her consent. I think your lawyer is correct here. Send another letter with a deadline, and then when she misses that deadline go back to court.
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