Legal Question in Family Law in Georgia
Consent Final Order
I have a consent final order that I have signed that my ex wife's attorney put together. I have signed it, however, she has not signed it. It has been 7 days since I signed it. It says under the conclustions of law in several places ''upon the execution of this order....'' Does that mean it is not in place until she signs it as well as the judge? Is it in force when she signs it or can it be in force the day I signed it? I am concerned b/c she is stalling and taking quite some time to sign this when she already agreed to it prior to 8/2 which is the day I signed it. Her attorney put it together as if it was her request but she has not signed. Is there any time limit on such things? Is this unethical on her attorney's part? Her attorney keeps saying she will be in on a particular day but does not show up. Now they say she will sign by the end of this week, but we've heard that before 3 times last week. I need to know if she can be forced to sign at this point. Thank you.
1 Answer from Attorneys
Re: Consent Final Order
By definition, a consent order isn't an order until a Judge agrees with it and signs it. And if one side hasn't signed there's not even an Agreement; it's just an offer from you that has yet to be accepted. Your attorney should have explained this to you. (No you can't force a party to agree; that's why courts have trials).