How to force the plaintiff to file remaining divorce paperwork?
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How to force the plaintiff to file remaining divorce paperwork?
My wife and I mutually decided to divorce. She filed the papers 10 months ago. I can’t seem to get her to file the paperwork to finish and complete the case. Is there a way within the courts to force her to file the remaining documents?
Asked on July 11, 2019 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If she filed the case, you can't make her complete it. Or if the two of you were trying to do an amicable divorce, you can't make her voluntarily go through with it. You would have to file your own divorce case against her to divorce her involuntarily (against her will). Likely the court will then "consolidate" or combine the two cases. Consult with a family law attorney about the best way to do this, but the main point is: you can't make her do her part, if she has changed her mind about the divorce or is choosing to drag her feet; you have to initiate your own action.
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