How to ask judge to sign decree that has already been filed?

[ned234]

What is the name of your state (only U.S. law)? Indiana

I filed for divorce pro-se in February. Indiana has a 60 day waiting period, and on June 5, I submitted all of the finalized papers, including a signed waiver of hearing from my wife, and a signed & notarized settlement agreement/decree of dissolution (both of us signed). All papers were in order and ready for the judge to sign. The next day, on June 6, my wife panicked and decided she changed her mind, and she convinced me to go back to the court and submit a motion to dismiss. So on June 6, we both went to the court to submit a motion to dismiss. A few days later, the judge reviewed both the settlement agreement/decree AND the motion to dismiss. Since the decree was signed by BOTH of us, and the motion to dismiss was signed by only me (the plaintiff), she made a "jacket entry" note on the case, saying that she could not honor the motion to dismiss, since both parties would need to sign it. The case was kind of in limbo after that point. It is still considered "open".

Fast forward a few months, and our marriage has fallen completely apart. Now, I would like for the judge to sign the original completed settlement agreement/decree that is already on file with the court. All signatures are there -- I just need to request the judge to *sign* it. How do I go about doing this? I have thought about just going to the court, asking for the case files, and re-submitting the papers that are already in the file. But is that valid? Or do I need to submit some other kind of motion in order for the judge to examine those papers again?

Thanks in advance for any help you can give...

 

[FlyingRon]

You're going to have to withdraw your motion to dismiss obviously. This should be perfunctory since it hasn't been acted on.

At this point you may have to make a request for a (final) hearing as it's quite likely that things have changed since last June.
Obviously your wife will need to be notified.

 

[single317dad]

Does your wife still agree to everything that was in that settlement agreement? Has nothing changed since that time?

Have you received any notice of TR 41(e)? You can probably look up your case on mycase.in.gov or doxpop.com, depending on where you live, and see the status and all events.

It hasn't been that long since the case was active, so odds are you can get it rolling again. You'll probably need a hearing though; a judge probably won't trust that absolutely nothing has changed in these months, and simply sign off on paperwork.

 

[ned234]

Does your wife still agree to everything that was in that settlement agreement? Has nothing changed since that time?

Have you received any notice of TR 41(e)? You can probably look up your case on mycase.in.gov or doxpop.com, depending on where you live, and see the status and all events.

It hasn't been that long since the case was active, so odds are you can get it rolling again. You'll probably need a hearing though; a judge probably won't trust that absolutely nothing has changed in these months, and simply sign off on paperwork.

I am not sure if my wife agrees to everything -- I was hoping I could just ask the judge to sign the original signed decree that was submitted back in June, but it is starting to sound like that is not likely. I already submitted a "Motion to Withdraw Motion to Dismiss", so that has been taken care of.

I need to point out that I am the Petitioner, and I was the one who submitted the original "Motion to Dismiss", and it was not signed by my wife, which is why the judge stated that she could not consider it. Therefore, I do not believe that I am in a position to receive a TR 41(e), correct? Isn't that a response by the judge that approves a Respondent's request to dismiss? I have looked up my case on mycase.in.gov, and it still shows as "Open".

One question: If I file a motion for a final hearing, should I bring another Decree for the judge to sign, or is it feasible that I could just request for her to sign the one that is already on file with the case?

Thank you so much for your feedback... this is unchartered waters for me...

 

[LdiJ]

I am not sure if my wife agrees to everything -- I was hoping I could just ask the judge to sign the original signed decree that was submitted back in June, but it is starting to sound like that is not likely. I already submitted a "Motion to Withdraw Motion to Dismiss", so that has been taken care of.

I need to point out that I am the Petitioner, and I was the one who submitted the original "Motion to Dismiss", and it was not signed by my wife, which is why the judge stated that she could not consider it. Therefore, I do not believe that I am in a position to receive a TR 41(e), correct? Isn't that a response by the judge that approves a Respondent's request to dismiss? I have looked up my case on mycase.in.gov, and it still shows as "Open".

One question: If I file a motion for a final hearing, should I bring another Decree for the judge to sign, or is it feasible that I could just request for her to sign the one that is already on file with the case?

Thank you so much for your feedback... this is unchartered waters for me...

It doesn't hurt to try to get the judge to sign the one that is already on file. Just don't count on that happening...keep in the back of your mind that you may end up having to litigate the divorce.

 

[ned234]

It doesn't hurt to try to get the judge to sign the one that is already on file. Just don't count on that happening...keep in the back of your mind that you may end up having to litigate the divorce.

LdiJ, is there some way to request that the judge sign the one that is already on file? Is there some specific type of motion that I need to file, or do I just go to the court, ask for the case file, pull the decree out, and hand it back to the clerk at the desk? I guess I am struggling with the mechanics of how to actually request the judge to sign that decree.

 

[single317dad]

I am not sure if my wife agrees to everything -- I was hoping I could just ask the judge to sign the original signed decree that was submitted back in June, but it is starting to sound like that is not likely. I already submitted a "Motion to Withdraw Motion to Dismiss", so that has been taken care of.

I need to point out that I am the Petitioner, and I was the one who submitted the original "Motion to Dismiss", and it was not signed by my wife, which is why the judge stated that she could not consider it. Therefore, I do not believe that I am in a position to receive a TR 41(e), correct? Isn't that a response by the judge that approves a Respondent's request to dismiss? I have looked up my case on mycase.in.gov, and it still shows as "Open".

One question: If I file a motion for a final hearing, should I bring another Decree for the judge to sign, or is it feasible that I could just request for her to sign the one that is already on file with the case?

Thank you so much for your feedback... this is unchartered waters for me...

TR 41(E) is dismissal by the court for lack of prosecution. It kicks in after a minimum of 60 days, and some courts are really on the ball and file it right away to keep the caseload clean. Others are way behind and might not get around to it for years. You would have received notice of a hearing on the motion if it had happened.

http://www.in.gov/judiciary/rules/trial_proc/index.html

As ldij stated, you're welcome to try withdrawing your motion and asking the court to move forward on the agreed dissolution, but it's quite possible a hearing would be scheduled by the court.

If you ask for a hearing, your best course of action would be to sit down with your wife, make sure everything is updated, in order, and agreed upon, and present that to the judge at the hearing. Judges like it when litigants are prepared and resolve issues prior to court.

 

[TheGeekess]

I am not sure if my wife agrees to everything -- I was hoping I could just ask the judge to sign the original signed decree that was submitted back in June, but it is starting to sound like that is not likely. I already submitted a "Motion to Withdraw Motion to Dismiss", so that has been taken care of.

I need to point out that I am the Petitioner, and I was the one who submitted the original "Motion to Dismiss", and it was not signed by my wife, which is why the judge stated that she could not consider it. Therefore, I do not believe that I am in a position to receive a TR 41(e), correct? Isn't that a response by the judge that approves a Respondent's request to dismiss? I have looked up my case on mycase.in.gov, and it still shows as "Open".

One question: If I file a motion for a final hearing, should I bring another Decree for the judge to sign, or is it feasible that I could just request for her to sign the one that is already on file with the case?

Thank you so much for your feedback... this is unchartered waters for me...

You're going to have a problem with that.

 

[LdiJ]

LdiJ, is there some way to request that the judge sign the one that is already on file? Is there some specific type of motion that I need to file, or do I just go to the court, ask for the case file, pull the decree out, and hand it back to the clerk at the desk? I guess I am struggling with the mechanics of how to actually request the judge to sign that decree.

If you are unsure about the mechanics, then I would recommend hiring an attorney to finish things up. However yes, you are going to have to submit a motion and its likely going to have to be a motion that you write yourself. There usually isn't a "form" for that sort of thing.

 

[single317dad]

LdiJ, is there some way to request that the judge sign the one that is already on file? Is there some specific type of motion that I need to file, or do I just go to the court, ask for the case file, pull the decree out, and hand it back to the clerk at the desk? I guess I am struggling with the mechanics of how to actually request the judge to sign that decree.

You will probably need to resubmit the Verified Waiver of Final Hearing (page 11 in the agreed with children packet).

http://www.in.gov/judiciary/selfservice/2333.htm

ETA: A new one, file stamped with the current date by the clerk, not the old one.

 

[Bali Hai]

I am not sure if my wife agrees to everything -- I was hoping I could just ask the judge to sign the original signed decree that was submitted back in June, but it is starting to sound like that is not likely. I already submitted a "Motion to Withdraw Motion to Dismiss", so that has been taken care of.

I need to point out that I am the Petitioner, and I was the one who submitted the original "Motion to Dismiss", and it was not signed by my wife, which is why the judge stated that she could not consider it. Therefore, I do not believe that I am in a position to receive a TR 41(e), correct? Isn't that a response by the judge that approves a Respondent's request to dismiss? I have looked up my case on mycase.in.gov, and it still shows as "Open".

One question: If I file a motion for a final hearing, should I bring another Decree for the judge to sign, or is it feasible that I could just request for her to sign the one that is already on file with the case?

Thank you so much for your feedback... this is unchartered waters for me...

The court will likely want to be certain that all of your stbx wife's current desires are met before proceeding since it appears both of you keep flip flopping on the issue.

 

[justalayman]

The court will likely want to be certain that all of your stbx wife's current desires are met before proceeding since it appears both of you keep flip flopping on the issue.

while others have been trying to help, I think this really makes a huge statement the OP needs to understand.

It appears the OP is now trying to ramrod the existing agreement through the courts. The courts are not there for just you and they are not here for just her. They are there to enforce the laws which (and I am sure BH doesn't agree) are supposed to provide for a fair and equal protection of both parties.

So ned, stop trying to cut your wife out of the situation. If things have changed, NOW is the time to address them. Pushing this through without her agreement can cause you a lot of problems after the fact if she does not now agree with the documents on file. She may even be able to get a dissolution set aside if her position has been affected adversely by not revisiting the agreement at this time.

Heck, for all anybody knows, you reconciled, transferred all of the marital assets into an account the agreement stated becomes yours at the time of dissolution and are now trying to rush this through the courts to be able to claim those funds. Not saying you are doing that but giving a reason why the courts would want things updated.

 

[ned234]

Thanks to everyone for their input. It sounds like I probably messed up the whole case by what I did this June. Based on what I am hearing, I think I am going to visit a lawyer to determine what the next steps need to be. I can see the point that a judge may be suspicious about the potential of "ramrodding" a request through the court, and I certainly don't want to give that impression. Thanks again to everyone!

 

[Bali Hai]

while others have been trying to help, I think this really makes a huge statement the OP needs to understand.

It appears the OP is now trying to ramrod the existing agreement through the courts. The courts are not there for just you and they are not here for just her. They are there to enforce the laws which (and I am sure BH doesn't agree) are supposed to provide for a fair and equal protection of both parties.
So ned, stop trying to cut your wife out of the situation. If things have changed, NOW is the time to address them. Pushing this through without her agreement can cause you a lot of problems after the fact if she does not now agree with the documents on file. She may even be able to get a dissolution set aside if her position has been affected adversely by not revisiting the agreement at this time.

Heck, for all anybody knows, you reconciled, transferred all of the marital assets into an account the agreement stated becomes yours at the time of dissolution and are now trying to rush this through the courts to be able to claim those funds. Not saying you are doing that but giving a reason why the courts would want things updated.

I do very much agree with the above bolded that courts are there to enforce the laws which are SUPPOSED to provide for a FAIR and EQUAL protection of BOTH parties. This is a firm expectation that the public should never compromise.

 

[justalayman]

I do very much agree with the above bolded that courts are there to enforce the laws which are SUPPOSED to provide for a FAIR and EQUAL protection of BOTH parties. This is a firm expectation that the public should never compromise.

I was stating, when referring to you, that while the courts are supposed to be fair and impartial, in reality, it doesn't always meet those expectations.

Nothing bad; just pointing out that your reality, based on your posts here, didn't seem to support the argument of how a court is supposed to act.

I am sure I could have been more clear in my statement though.