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What to Do if Your Spouse is Stalling on Finalizing Divorce

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  • 01-29-2018, 03:57 PM
    nalgene
    What to Do if Your Spouse is Stalling on Finalizing Divorce
    My question involves a marriage in the state of: California

    My ex and I filed for divorce almost 5 years ago. About 1 year in, we went to a retired judge to mediate a settlement. Ex's attorney refused to sign Stipulated Judgment and ultimately did not paper the agreement as mediated by the judge. We signed an agreement at the mediation stating that if we did not sign a stipulated judgment, that we would return to the judge and he would arbitrate.

    My ex has been stalling all these years. I can't settle in court - because of agreement we signed at mediation - and I can't get him to agree to go back to the judge/mediator to finalize (arbitrate) the divorce.

    How do I force the issue and settle this once and for all.
  • 01-29-2018, 04:03 PM
    Mr. Knowitall
    Re: What to Do if Your Spouse is Stalling on Finalizing Divorce
    It is difficult to believe that the case is still open if no action has been taken on the case for five years.

    I have no way of knowing why (or if) your mediation agreement would prevent you from continuing with your divorce; that is something you will need to discuss with a lawyer who can review the agreement.

    This is something your lawyer should be able to overcome; but without access to the documents and procedural history there's not much we can say other than to get those documents reviewed.
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