A what if?

C

canthisberight

New member
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?
 
There are many examples of stuff being in court orders where one person seems to not follow, and not care. Whether it be to not badtalk the other parent, split costs of things, or keep other parent informed on stuff. It is hard to enforce and rarely has repercussions when it’s not. The only big ticket items that gets the judge’s attention is payment of supports and exercising of parenting time.

If your ex does not file for divorce by end of month, do it yourself. There will be zero reprimand for her not doing it. It costs about $650 altogether. Consider it the cost for closing the book on that chapter.
 
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"?
 
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.
 
Also, the bar to reach/standard for a person to be found in contempt of a court order is high. Really high. The penalties that come with contempt judgement can go as far as jail time. The fact that someone did not file a divorce application per the timeline of a court order doesn't even come close to making it on the radar. Your ex can simply say they are short on cash and will file when money becomes available.

Just file it yourself.
 
rockscan said:
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.
Click to expand...

Small claims court. Lots of room in small claims court.
So can it be brought there?
 
pinkHouses said:
Small claims court. Lots of room in small claims court.
So can it be brought there?
Click to expand...
Small claims court will tell you its a Family Court matter. And Family Court will tell you its too small of potatoes to waste their time with. Honestly, its $650. Just file it yourself if its so important that it be done right away.
 
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.
 
its in the agreement...

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.
 
:)

:)

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!
 
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.
 
What a thread. To recap, the court order says that ex is supposed to file for divorce by December 31, 2021 and has no intention of doing it by that date. Other spouse wants her to do it and is wondering what the recourse is for them not doing it.

Again, to repeat myself, MANY court orders contain stuff that is hard to enforce and there is no recourse if it is not done. Some court orders will say that parents are to give eachother advanced notice of doctor/dentist appointments and then complain that the other spouse sends a text as notice while sitting in the waiting room. Recourse? Zilch.

Unless you NEED to get divorced asap because you are getting remarried in January, there is zero urgency. None. Having your ex on your benefits a little longer does nothing. Consider it a parting gift. This is not the type of issue that would see the light of day in court. Your ex can claim she simply doesn't have the $650 as they are focusing on Christmas. If you want to get divorced that badly, file it yourself. Otherwise, you'll have to wait until they get around to it.
 
I thank everyone

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..
 
You must log in or register to reply here.
Back
Top