what to do if your ex wife lawyer will not sign the court order

One possible solution is to obtain an order from the divorce court requiring your ex-wife to sign the 8332. If she still refuses she will be in contempt of the state court, which will have adverse consequences. You will need to hire a local family law attorney to explain the problem to the court and obtain the order.

Full Answer

What to do if your ex spouse refuses to sign quit claim?

But like life, in divorce answers are rarely that simple. If your ex-spouse refuses to sign the quit claim there are several steps you can take to force them to do it. Before discussing the use of the quit claim deed in divorce cases, you need to know a few basic terms: Deed.

What happens if an ex-spouse does not comply with a court order?

Requiring fines to be paid or ordering that assets belonging to the non-compliant spouse are seized; and In particularly serious circumstances, ordering that the non-compliant ex-spouse be committed to prison. When the Court makes an Order, it expects that all parties abide by its terms.

Can I resolve financial matters with my Ex after a court order?

You have an Order from the Court telling you who should pay what and when. You’re finished with all the stress and uncertainty of resolving financial matters with your ex now, right? For the vast majority of people, the answer to this question is a resounding yes. If the Court has made an Order, that is generally the end of the matter.

What can I do if my ex won't sign the deed?

What can you do if your ex won't sign it? Say you've been awarded the house (or another piece of real estate) in a divorce, and want to know how to get your ex-spouse's name off of the title. The simple answer is a quit claim deed.

Can I take my ex wife back to court?

If the judge ordered your ex-spouse to do something, like return property to you or take your name off of legal documents, you can go back to court and ask the judge to enforce the order.

Can you sue your ex wife after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit. So, you need to be careful before you run to the courthouse with a suit in mind.

Can I sue my ex wife for emotional distress?

Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

What happens if my ex-husband doesn't pay child support?

For example, if your ex-spouse does not pay child support, refuses to give visitation as ordered, or violates an order , there are a number of steps we can take to try force compliance.

Can my ex-husband get divorced?

In some divorces, it may be difficult to get your ex-spouse to comply with the court’s orders. Failure to comply with court orders can be a challenge, and if possible try to work out small differences yourself because that is the cheapest and fastest way to arrive at a resolution. Additionally, always remember to put agreements in writing.

Can you go to jail for a contempt of court?

One possible step would be to ask the court to find your ex-spouse in contempt. Contempt findings can ultimately lead to jail time if the judge believes that your ex-spouse is intentionally refusing to comply with a lawful court order.

What happens if the court makes an order?

If the Court has made an Order, that is generally the end of the matter. There are an unfortunate few, however, whose ex-spouse choose to ignore the Financial Court Order and fail to comply with the terms.

Why is it important to seek legal advice after a breach?

The longer matters are left , the more difficult it will be to remedy the situation and , in some circumstances, there are cut off points for bringing the matter before the Court. As such, it is important to seek legal advice as soon as possible after the breach, so that all of your options can be explained to you.

How do courts view non-compliance?

How the Courts view non-compliance. When the Court makes an Order, it expects that all parties abide by its terms. Any failure to follow the terms of an Order will be treated seriously . The Court understands that there are circumstances where one ex-spouse may make the implementation of any agreement very difficult.

Does the court have ways of enforcing orders?

This largely depends on exactly which term of the Court Order has been broken but, importantly, the Court does have ways of enforcing any Order it makes and it is important to seek legal advice as early as possible to remedy the matter. This can include –.

Can an ex spouse sign a document on their behalf?

The Court signing documents on the ex-spouse’s behalf where they refuse to do so (for example, in respect of a property transfer); In respect of regular payments, the Court can require the employer of the non-compliant ex-spouse to pay the sums due directly from their earned income, so that the money comes to you before ...

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

Do judges enforce awards?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.

Is an ex-spouse held accountable for child support?

Their ex-spouse is not held accountable and they and their children are left to struggle due to a system that is supposed to protect them. Below is an example of what happens in the Family Court System when trying to collect child support.

What happens if your child's other parent doesn't live up to the terms of the custody agreement?

If they fail to live up to this obligation, you have the legal right to take corrective action. In determining the appropriate action, you first need to assess the nature of the violation.

What are the violations of child custody?

Disrupting your ability to communicate with your child; Unilaterally making important decisions for the child; Alienating you from your child; Speaking negatively about you to your child; and. Refusing to follow any other terms within the child custody agreement. Clearly, these violations vary widely in their level of severity.

What are some examples of child custody violations?

Some common examples include: Constantly picking up (or returning) the child late; Failing to stick to the general time sharing schedule; Disrupting your ability to communicate with your child; Unilaterally making important decisions for the child; Alienating you from your child;

Is a violation a one time mistake?

Additionally, some violations are one-time mistakes, whereas others are intentional and repetitive. You need to assess the nature of your ex’s violation and determine if the issue can be fixed with a simple conversation or if you need to escalate the issue and take legal action.

What to do if your ex won't sign a quit claim deed?

If your former spouse won't sign a quit claim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit claim deed. Generally, the judge will have two ways of doing this: Find your ex-spouse in contempt of court, and sentence him or her to jail ...

How to file a quit claim deed?

You can expect one of three possible outcomes on the way to filing the quit claim deed: 1 Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). 2 The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it. 3 Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property. This order can then be filed with the appropriate agency instead of a quit claim deed.

Can a divorce decree require a quit claim deed?

Your divorce judgment or settlement agreement may or may not specifically order your former spouse to execute a quit claim deed. It may include a general statement to the effect that each party is required to take any and all actions necessary to carry out the division of property, which covers quit claim deeds for real estate.

Who signs the deed to a house?

Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it.

Is divorce easy?

Divorce by nature is rarely easy. But when a fairly polite and civil uncontested divorce becomes contested, things can get exponentially worse. Here are some options to consider when the going gets tougher.

Can you bring a quit claim deed to court?

Be sure to bring the unsigned quit claim deed to court with you. At the hearing, the judge will need to find that: You were awarded the property in the divorce judgment; Your spouse has been presented with a quit claim deed to transfer the property to you; and. Your spouse has not signed the deed. The judge will probably order your ex-spouse ...

What happens if my ex spouse doesn't sign a QDRO?

When Your Ex Spouse Won’t Sign QDRO. Divorced spouses often contact us with concerns that their ex-spouse won’t sign QDRO, a qualified domestic relations order. The courts use a QDRO (pronounced “quaw-dro”) to officially divide a former spouse’s interest in a retirement plan or pension plan. If your spouse won’t sign QDRO, then you will not be able ...

What to do if your spouse won't sign the QDRO?

If your spouse won’t sign the QDRO, you will need a court order that directs the court clerk to sign on their behalf. Once you have that order, you no longer need your ex-spouse’s signature on the QDRO. It is also possible that if your spouse continues to resist, the court may order them in contempt of court. Filing a contempt request with the court in order to accomplish this is an option. However, it is usually much easier to file the motion to have the Clerk sign on their behalf.

Why won't my ex sign a QDRO?

Why an Ex-Spouse Won’t Sign QDRO. Your ex-spouse may provide you with several reasons they believe they should not have to sign a QDRO. As with most things revolving around the divorce, they may not want to sign the QDRO simply out of anger. Alternatively, they may disagree with the court’s award of retirement division.

How does a California court enforce a QDRO order?

According to California Family Law, the court may enforce a QDRO court order by contempt, the appointment of a receiver, execution (enacting the order), or any other method the court requires.

How to file a motion for a QDRO?

With this in mind, you will need to prepare several documents to file this motion. First, complete a Request for Order. Then, attach your Declaration.

Who signs the QDRO?

If the clerk approves your motion, the Judge will sign the Order and allow the Court Clerk to sign the QDRO at the place designed for your ex-spouse. Once you and the Court Clerk execute the document, the Judge will sign the QDRO, and you can present it to the Plan Administrator for a final division of the retirement account.

Can a spouse be in contempt of court?

It is also possible that if your spouse continues to resist, the court may order them in contempt of court. Filing a contempt request with the court in order to accomplish this is an option. However, it is usually much easier to file the motion to have the Clerk sign on their behalf.