Legal Question in Family Law in Virginia
My spouse will not sign the divorce decree
I went to court for my divorce On October 26, 2005. The judge laid out the final terms of the agreement and my attorney was supposed to give me a signed copy. Since then I am going in circles. Most recently my attorney told me she refused to sign the papers because she thinks my address is wrong and it is correct. This is the final decree what do I have to do to get my paperwork and divorce. The clerk of court also says they do not have a copy. I have been poorly represented by my attorney and need advice.
Thanks,
2 Answers from Attorneys
Re: My spouse will not sign the divorce decree
Tell your attorney that you want a copy of your final decree with all required signatures within 30 days(assuming that the decree still awaits the judge's signature) or you will have no alternative but to write a letter of complaint to the judge who handled the matter.
Re: My spouse will not sign the divorce decree
From the sounds of it your attorney and the opposing attorney have not had a decree entered. Generally a judge will give a deadline by which time the order is either submitted or attorneys must appear to let the court know why. If you are in limbo where you don't know what's going on - demand a meeting with your attorney - take very good notes on what he says is the status of the case and if he stalls or stonewalls you consider getting a more competent attorney.
Good luck.