Legal Question in Family Law in Washington
as a divorce respondant, how can I stop a dismissal?
Husband & I separated 5 years ago; he plead guilty to domestic violence. He filed for divorce 2 years ago, but things have gone very slow because he has stalled at every request made. We finally went to mediation and signed agreements - now he refuses to get final papers drawn up and says he doesn't want to abide by the mediation agreement. Dismissal will occur in a few weeks if he continues to stall. As the respondant, is there anything I can do to stop the dismissal and get this finished? I hate the thought of having to start this all over again.
2 Answers from Attorneys
Re: as a divorce respondant, how can I stop a dismissal?
If you and your husband went through mediation and signed an agreement at that stage, please look carefully at that agreement. Does it spell out the terms of the property settlement,etc.? Did he or his attorney sign it? If so, the agreement may be binding, and may qualify as his consent to the terms of the settlement under Superior Court rule 2A (also called "CR2A"). The mediation agreement might even say that it is a "CR2A Agreement."
I would advise you to hire an attorney to look at the mediation agreement, and attempt to enter it with the court in lieu of pleadings signed by your husband. You may be able to find an attorney who can do just this portion of the proceedings, for a more reasonable rate.
Re: as a divorce respondant, how can I stop a dismissal?
Depending on what the mediation agreement says (CR2A) it may be used in place of signed decree and findings of fact (and parenting plan and support order). The other alternative is that if the mediation agreement is not binding is to request a trial date (and then really get ready for trial). You can get findings of fact and conclusions of law and a decree (and parenting plan and support order) without agreement if you have a trial. I would encourage you to retain an attorney to execute either of these courses of action.