Legal Question in Family Law in California

Issue involving stalling a divorce

My fiance has been legally separated for three years. His ex-wife filed for divorce and then gave him an open time to respond. He decided in August of 2005 to retain a collaborative attorney to finish his divorce so we can be married. His ex also retained a collaborative attorney. Four way meetings resulted in nothing being resolved. My finance calls his attorney Numerous times a week with questions as to Why this is not resolved and His attorney says to him he needs to think about is ex's feelings.

He has said this more than once. Before a four way meeting my finace calls and has asked for a agenda as to the concerns that his ex might have so that he can think about them before. His attorney says he does not know what her issues are but he needs to be patient. That there is no reason why she wont sign the MSA there are no pending issues. She is stalling but the attorney will not push the issue of the MSA. It is ridiculous. This has been going on for three years.

WHo is this attorney representing? Anyway, after 6 months of this going nowhere my fiance has retained a non-collabrative lawyer. If she still refuses to sign does he have grounds for Bifurcation in California?


Asked on 2/09/06, 2:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Issue involving stalling a divorce

He could request that the matter be bifircated to disolve the marriage before the property division is completed. A MSA is a voluntary agreement she cannot be forced to sign it. Sometimes the best approach is for you to step back and stay out of it. Seeing the new person in the picture will enflame the soon to be ex. Once the marriage is disolved she may be more willing to sign the MSA as she will no longer be interfering with his future.

Read more
Answered on 2/12/06, 4:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California