What do I do if my husband won't sign divorce papers? 4 Answers as of July 08, 2013

Our custody agreement is done. There is no property. I have to pay child support. We have the divorce papers and he is staling. Don't think he will sign it. I have a lawyer who never calls. Can't really afford it. What do I do?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
To Whom It May Concern: File an 'At Issue Memorandum', obtain a 'Mandatory Settlement Conference' date and set a trial date. Fire the lawyer if he or she will not respond. Request a refund and file a complaint with the State Bar if the lawyer does not respond at that point.
Answer Applies to: California
Replied: 7/13/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If a party won't sign a proposed settlement agreement, then your only option is to seek court assistance (via a judge's order). If you're the petitioner, and husband had not filed any Response, then proceed by taking his default. If you're the "Respondent," then you need to request a settlement conference and trial. The procedure may be a bit different for different counties. Yet, no matter what county you're in, as said, there are only two ways to resolve a case: 1. Mutual agreement of the parties; 2. Judge's order. If you need help with the default process, and your current lawyer won't help, then fire him/her and hire one that will help. Good luck!
Answer Applies to: California
Replied: 7/13/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Insist on a meeting with your attorney in the attorneys office and have counsel lay out the plan on how to proceed.
Answer Applies to: California
Replied: 7/8/2013
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Unfortunately, an agreement requires both parties to agree and sign. If your spouse will not agree then the matter will have to be heard in court. I am sorry your lawyer is not calling you back to help out. IF you would like to tal to one of our brilliant family law lawyers we might be able to help you finalize this matter. Also if you have to pay child support you will want to make sure that someone has run a "dissomaster" to tell you what the courts guidelines are for the amount you should be paying in child support.
Answer Applies to: California
Replied: 7/12/2011
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