2 Questions: Forcing "things" Anakari: 2 Questions:
1) I was supposed to close on the jointly owned marital house next week but now my ex is playing games & will either delay the closing or not sign at all. Think he wants me to drop the PRO that I have on him which I won't. (permanent restraining order).
If he does not go thru with the sale of house, we can get sued but at this point, I do not think he cares ..nor do I actually.
Can the courts force him to close? Otherwise it'll go into foreclosure since I've moved out and stopped paying the mortgage he stuck me with many moths ago.
He is only hurting himself without realizing it since he's unemployed and I'm not.
2) Since he loves to play games... we both have filed for divorce already with the courts (Emotional Cruelty). What if he decides to drag this out for months? Meaning - refusal to grant divorce / agree to anything. Can the courts grant a divorce with or without his consent?
Thanks for any help / input
Re:2 Questions: Forcing "things" incoherentlonghorn: In relation to question 2
At least in Texas a judge after appearing in court several times (I'm the expert) the judge supposedly can grant the divorce as it only takes one person for the marriage to be beyond repair. However, 9 months later we still can't agree and at some point the judge can throw the case out.
Good luck,
LL
Re:2 Questions: Forcing "things" JustMe: Lone,
In CA, the uncooperative spouse can be charged with "wasting an asset." My stbx tends to drag her feet and has said things like, "I'll let the house go into foreclosure before I sign at escrow."
My atty tells me this is wasting an asset and the court does not look favorable on this type of behavior. Check with your atty to find out what applies for your situation and in your state.
Re:2 Questions: Forcing "things" Sharp: I'm gonna start sounding like a broken record when I ask everyone to please include a state! I have extensively researched IL and WI laws...beyond that, i"m not sure. And for those who are new to the process and don't know this, every state is different!!! The only thing I know is at least IL and WI emotionaly cruelty is an ace in the hold for you on the divorce. Especially if he is served, and does not reply in time (him being unemployed I doubt he has a good lawyer?) in which case you can hold him in default as I did with my ex. Then you are almost automatically granted the divorce because the other spouse has not followed his requirements! About the house, I honestly don't know what to tell you. I don't know if you have a lawyer already, but if you don't and are doing things on your own, there is free legal advice out there and I would talk to one of tose lawyers ASAP. Also, wha about your attorney on the closing? Use the resources available to you and good luck!
