not signing papers

NY
separated from husband for 5 years now - filed for a leagl separation last year (to get a mortage) -mister didnt sign it .

Now i filed for uncontested divorce (no property & child issues already taken care of) - he is still NOT signing it .

is there another route ? like default ? i didnt want to go to
uncontested (my lawyer charging me a gizillion for this) -
i dont feel fully advised by my laywer to diff.
alternatives.
my ex just wants to give me hard time - and yes - he mentioned about me spending more money because of him.

will not papers

He will not sign the final papers and everything else is filed. How can I have them finalized without having to contact another lawyer and spend thousands more that I do not have? He pretty much pays child support when he wants and holds the "check" over my head when he is in a "mood". So I want to through the district attorney so I don"t have to deal with him when it comes to child support. But what I want is to finalize the divorce first.

Vette, dont hijack a thread with your own question. Start a new thread.

To the original poster, just file your paperwork and serve it on him. When he doesnt respond to the paperwork, file for a default judgment. There that wasnt hard.

default judgement on an uncontested divorce ?????
isnt that only true for a contested divorce ??
SOMEONE PLEASE EXPLAIN THIS FOR ME !!! (my lawyer still has not returned my call) HELP

Excuse me...but if he is not signing..he is contesting. Fire the lawyer and go pro se. I wouldnt spend one more dime on this attorney.

MaggieK said:

Excuse me...but if he is not signing..he is contesting. Fire the lawyer and go pro se. I wouldnt spend one more dime on this attorney.

Click to expand...

And which part of "feedups" post did you not understand in giving your advice for her to fire the lawyer and go por se. Was it the "default judgement on an uncontested divorce ????? isnt that only true for a contested divorce ?? " Or was it the "SOMEONE PLEASE EXPLAIN THIS FOR ME !!! (my lawyer still has not returned my call) HELP"

This is not so difficult to comprehend. An Uncontested Dissolution of Marriage is one in which BOTH parties are in agreement to all stipulations, property, finances, custody of children, visitation, etc. By signing the petition and/or the answer, they are not contesting the dissolution. If one party does not respond to the petitioner, usually by way of an answer & waiver, then that party( the respondent), is not in agreement, thereby the dissolution is contested. My suggestion, not advice, to proceed "pro se" (not por se) simply means, call the clerk of court yourself, find out when you can get a hearing date. I do not believe anyone should contribute to the financial security of a lawyer who does not do his or her job by providing a speedy, zealous conclusion to his or her clients legal issue.

MaggieK said:

This is not so difficult to comprehend. An Uncontested Dissolution of Marriage is one in which BOTH parties are in agreement to all stipulations, property, finances, custody of children, visitation, etc. By signing the petition and/or the answer, they are not contesting the dissolution. If one party does not respond to the petitioner, usually by way of an answer & waiver, then that party( the respondent), is not in agreement, thereby the dissolution is contested. My suggestion, not advice, to proceed "pro se" (not por se) simply means, call the clerk of court yourself, find out when you can get a hearing date. I do not believe anyone should contribute to the financial security of a lawyer who does not do his or her job by providing a speedy, zealous conclusion to his or her clients legal issue.

Click to expand...

Isn't that special but incorrect. For an Agreed judgment, the other party signs neither the petition nor the answer but signs the Order or Decree, as the case may be. Your statement " f one party does not respond to the petitioner, usually by way of an answer & waiver, then that party( the respondent), is not in agreement, thereby the dissolution is contested" is also incorrect. If there is no answer to the petition filed, then the petitioner can take a default judgment. As soon as the statutory time frame has expired, the Judge can sign the order. Nor does filing an answer to the petition, whether process is served or a waiver of service is signed, prevent an agreement from being reached by the parties and an Agreed Order from being entered.

Sidenote: Good to know that you're a better typist (not transposing letters) than you are at giving legal advice.