• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Filing Motion to Enforce Agreement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

dianneph

Guest
Motion to Enforce Agreement - Need ans. ASAP

What is the name of your state? Georgia
Background: Contested divorce, 2.3 yrs in progress.I am defendant. Final court was Jan. 6th. We read final agreement into the record, however papers were not processed or final decree given because the Judge had to leave for a funeral and my attorney agreed to complete the paperwork and forward to plantiffs attorney (because she had the file on her laptop and was making the updates from that day's final changes.) Plaintiff and his attorney have been notorious for delay tactics throughout, so it was, in theory, a good idea to have my attorney finalize the paperwork.

We agreed to resolve all property settlement arrangements w/in 60 days from court date, which is up this week on 3/7/03. Husband agreed to pay me (wife) $4000 equity in home and allow 15 days to move.

My attorney took 45 days to complete the final papers (due to illness/heavy workload). I actually ended up doing most of the updating for her when I reveiwed her final draft. Papers were sent to Husbands attorney for signature on 02/24/03. I have a permanent protective order against husband -so there is no direct communication possible with him on this. His attorney has not contacted my attorney, however we have confirmed with his secretary that he received the papers.

Husband has history of dragging things out as long as possible, many contempt of courts later, I expect to have to file a motion to enforce agreement if he does not sign the papers or pay me the equity by this Friday (03/07/03).

Question: Given my attorney's delay's due to her schedule and health, do I need her to file this motion or can I do it myself?

I am needing to get this motion files immediately as I have been approved for a lease/purchase arrangement on a new home, but I cannot afford the deposit and first months rent until I have the settlement. I've already lost out on two homes due to delays and am in a state of half/packed to move.

Sorry I tried to be brief...thanks for any help you can offer ASAP I'd also like to hear of any other options I have to force the final divorce to be granted.
dianneph
 
Last edited:



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top