Legal Question in Family Law in Washington
Uncontested divorce
My boyfriend and his ex-wife filed an uncontested divorce in order to save themselves time and money in 2007. She has remained difficult over the course of over a year, and refuses to sign the paperwork. We believe she is doing this to be cruel, so that we can not be married. Is she in contempt since the petition was filed as uncontested? What can be done to get this divorce finalized?
1 Answer from Attorneys
Re: Uncontested divorce
Hopefully, your boyfriend did not do this through the mail in Lincoln County (unless he lives nearby). I say this because the only way out of the situation if the matter has become contested is to set it for a trial to have a judge decide whatever matters are uncontested.
The wife's cruelty in not signing the docs is completely allowable, unless, there is a written agreement, signed by both parties that lays out the terms of how to settle all disputes between them and now the only thing left to do is finalize and the wife is withholding her signature on the final documents purely to be intransigent.
If she is merely being intransigent and everything has been divided already and there are no issues left to be decided, then we can bring a motion for summary judgment or a motion to enforce a settlement agreement to end the case now without need for a trial since everything is agreed upon and we just need to formalize it, and in that context, ask the court for an award of attorney's fees for having to bring the motion in the first place.
If you would like to consult on this matter, I am happy to do so, just contact me via e-mail anytime.