I filed for divorce last year, and my wife and I reached a divorce agreement in mediation. However, it took months for her divorce attorney to send me the agreement and now my wife refuses to sign it.
Since I filed for divorce I have been paying child support and still haven’t had even a standard parenting plan enacted.
What can I do to move the process along and either have my wife honor the agreement we reached or have a final court order in place?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
If your prior agreement is valid and documented, you could possibly consider presenting a motion to the court asking the judge to order your spouse to move forward with the divorce, as there are no other issues to litigate and that an agreement is already in place but for her signing the proper paperwork.
That being said, courts will not force people to settle. If the agreement in place is not technically a final, valid agreement, then you may be stuck waiting until a trial is scheduled on the matter.
You may also want to talk to an attorney about getting a trial scheduled if the case is just languishing and no action is being taken while you continue to pay a high monthly child support obligation.
With regard to custody, if you are not making any progress negotiating this point informally, you may need to attempt to move the custody process through the courts as well.
Where I practice, once either or both parents file for custody, the matter is typically scheduled for a mediation and/or conciliation. If the parents are unable to reach an agreement, then the custody matter will proceed through the court process toward litigation.
Therefore, if no agreement can be reached, you may need to push the matter through the court process. Potentially, motions might also be able to be presented in order to deal with specific, pressing custody matters.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.