unsure how to finalize divorce

[ltunley]

What is the name of your state? New York. My brother and his wife went through a mediator a year and a half ago for a legal separation and were given software to finalize the divorce. He paid her his half of the money owed for the divorce and she never used the software to finalize. Now because it has been so long they want the full cost again(it is like they are starting new proceedings) and she doesn't want to pay. His half that he already gave her has never been returned to him. What can he legally do to finalize this without pulling more $ out of his pocket? They did an uncontested separation agreement and shared an attorney but it was filed in her name.

[Ohiogal]

Originally Posted by ltunley

What is the name of your state? New York. My brother and his wife went through a mediator a year and a half ago for a legal separation and were given software to finalize the divorce. He paid her his half of the money owed for the divorce and she never used the software to finalize. Now because it has been so long they want the full cost again(it is like they are starting new proceedings) and she doesn't want to pay. His half that he already gave her has never been returned to him. What can he legally do to finalize this without pulling more $ out of his pocket? They did an uncontested separation agreement and shared an attorney but it was filed in her name.

Nothing. Unless he can convince her to file what they agreed upon. If it is dismissed he will have to file and pay the filing fee to reopen the proceedings.

[ltunley]

So... will everything that was agreed upon in the original mediation separation still be legal or can she change what she wants. This is a matter of her not wanting to spend money, she definately doesn't want to be with him. Also, can he give the attorney the money himself to finalize the original papers?

[Ohiogal]

Originally Posted by ltunley

So... will everything that was agreed upon in the original mediation separation still be legal or can she change what she wants. This is a matter of her not wanting to spend money, she definately doesn't want to be with him. Also, can he give the attorney the money himself to finalize the original papers?

Was the mediation binding? Did they both SIGN the agreement? Was it just an informal agreement that still needed formalized?

[ltunley]

Originally Posted by Ohiogal

Was the mediation binding? Did they both SIGN the agreement? Was it just an informal agreement that still needed formalized?

It was drawn up and signed through the law office. He has a copy of the final separation agreement so I'd imagine it went in front of a judge? What about the $600.00 he already gave her for his half of the divorce? Can she just keep that? His financial obligation was met. She just decided she would rather spend money on other things.

[Ohiogal]

Originally Posted by ltunley

It was drawn up and signed through the law office. He has a copy of the final separation agreement so I'd imagine it went in front of a judge? What about the $600.00 he already gave her for his half of the divorce? Can she just keep that? His financial obligation was met. She just decided she would rather spend money on other things.

YOu have no clue if it was signed in front of the judge. The separation agreement could have been signed by the two of them and STILL have to go in front of the judge. You don't have nearly enough facts for anyone to be able to help him.