Estranged husband dragging his heels paperwork

Posted by: Concerned Dad

Estranged husband dragging his heels paperwork - 08/10/17 02:20 AM

My daughter's estranged husband is dragging his heels signing and returning agreement paperwork. On 10th anniversary, he announced that he didn't love her, and hadn't for the last 3 years. She hired a lawyer, he calls a friend who is a lawyer. They have a temporary agreement (mediation) concerning child support, custody/visitation, division of property, etc. He claims the temporary agreement isn't binding because he never signed it. Daughter's lawyer says yes, it's binding because ex agreed to mediation, mediator signed the document, court accepted it.

Based on the temporary agreement, she instructed her attorney to proceed to the final agreement. His attorney's secretary has told him he shouldn't sign it because "it's too long." For whatever, despite his attorney (and him) having had the paperwork for 6 weeks, he just refuses to sign.

Is there a point at which the court will say "You've had it long enough, Ace. If you had any valid concerns, you would have voiced them by now. I'm gonna sign it for you, and we'll be done with it." If there is such a point, how long will the court let this thing gather moss waiting for ex to sign? Thanks in advance for any information.

Concerned Dad
Posted by: TJMH

Re: Estranged husband dragging his heels paperwork - 08/11/17 03:07 PM

If the temporary agreement has been entered as an order by the judge it's binding, otherwise not. And I don't see how it could have been entered by the judge as a stipulated judgment unless both parties have signed it. But the attorney should be able to tell you for sure.

If you want the judge to take action you'll need to get a hearing scheduled. Each side will argue their position and the judge will decide. So it might be exactly what your daughter is asking for, or it might not.

Getting a hearing scheduled might prompt the husband to sign off on the previous agreement (hearings are usually expensive).
Posted by: Concerned Dad

Re: Estranged husband dragging his heels paperwork - 08/11/17 03:32 PM

The temporary agreement really isn't part of the discussion. The judge entered it as a judgement, because it had been mediated, and both parties had agreed to the terms of the mediation.

The thing we're concerned with is this: our daughter's ex (or his attorney) has had the (pending) final agreement in their possession for 6 weeks and have taken absolutely no action to sign, or to respond in any way.

Our question is this: How long can he/his attorney ignore the final papers/agreement? Or, can they just sit on it indefinitely? And, when can daughter and her attorney go to the judge and complain (not sure that's the right word) that ex/his attorney are refusing to cooperate in moving toward the final decree.

My son (in Ohio) was given a 15-day suspense to respond when his ex wife wanted the terms of their divorce modified. Just wondering if that was set by the court, by her attorney, or ....? And, if that was established by "the system", does Georgia also have such a timeline?

And, thanks for your response.