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harpster79
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Reged: 01/29/12
Posts: 1

Can a divorce be finalized without a custody agre

#775952 - 01/29/12 01:55 PM

Hi...

I am in the process of divorce, we have agreed to an uncontested divorce however the other party now refuses to notarize the agreement we had a paralegal make. I need to know if i can file papers I have to finalize the divorce without including the agreement? Very frustrated and want to have this over with already

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Renny
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Reged: 09/24/11
Posts: 479

Re: Can a divorce be finalized without a custody agre

[Re: harpster79]
#776012 - 01/29/12 06:50 PM

Without an agreement you can't have an uncontested divorce.

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Gecko
Carpal \'Tunnel

Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun

Re: Can a divorce be finalized without a custody agre

[Re: harpster79]
#776068 - 01/29/12 09:35 PM

Can a divorce be finalized without a custody agreement

---> Yes; it's called a 'bifurcated divorce'.

I need to know if i can file papers I have to finalize the divorce without including the agreement?

---> No...on two counts. First, no judge is going to accept a Stipulated/Consent Decree that doesn't determine custody, support, parenting time, asset/debt distribution, etc. Second, since a paralegal drafted your documents, no doubt the Decree mentions the Agreement and the Judge isn't going to sign it without.

---> Since your wife is not refusing to sign the agreement, it means that your divorce is no long 'uncontested' and you'll need to file a regular Petition with the courts.

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