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Delilah P · Feb 7, 2008, 02:19 AM

I'm wondering if it's possible that a divorce proceeding may never be finalized if one or the other spouse decide not to sign final papers? Could it stay in limbo for an indefinite amount of time.. or years.. or forever? I'm thinking one spouse may have decided NOT to go through with the divorce, so isn't moving forward with the proceeding. Just curious.

twinkiedooter · Feb 7, 2008, 11:11 AM

Until the final signature is on the paperwork and the judge issues a final decree and it is recorded by the clerk of court it will stay in limbo.

oneguyinohio · Feb 7, 2008, 11:23 AM

I believe the judge can issue the decree without both signatures. The divorce can be granted. It might delay things, and might be one sided as far as the two sides not reaching an agreement on the issues... and lawyer fees would go up as well.

Delilah P · Feb 7, 2008, 01:58 PM

Thanks for your responses. I'm thinking one side is dragging his/her feet because money is involved and may be rethinking the whole thing.. though I doubt they would go back together (but who knows!). Looks like a stalemate to me.. the court has put a banner on the online files that says, "There is no future hearing date scheduled.
You are not Divorced. You may contact our Self Help Center for assistance". Interesting.

George_1950 · Feb 8, 2008, 11:25 AM

Delilah P asks: "Could (divorce proceedings) stay in limbo for an indefinite amount of time.. or years.. or forever? Most cases follow a procedural calendar, 1) the pleadings, 2) discovery, and 3) trial. Once the discovery phase ends, the case should be placed on a trial calendar. When the case is called for trial and there is no response by the plaintiff or defendant, it will be dismissed, in most instances. Most judges and courts do not allow cases to just sit and wait.

twinkiedooter · Feb 8, 2008, 03:42 PM

That is true George after a certain prescribed period has elapsed the case is automatically dismissed due to inactivity by the court. Then everyone has to refile and start the process all over again.

oneguyinohio · Feb 8, 2008, 07:20 PM

Originally Posted by oneguyinohio

I believe the judge can issue the decree without both signatures. The divorce can be granted. It might delay things, and might be one sided as far as the two sides not reaching an agreement on the issues... and lawyer fees would go up as well.

As long as one person is filing for the divorce, can't the judge grant it even if the other party refuses to sign any agreement?

Or does there need to be some statement about being unable to arrive at a mutual agreement?

I have had lawyers tell me that refusing to sign paperwork, would not ultimately stop the divorce. That it could happen without the consent of one side.

I'm not arguing over the above stuff, only trying to add to the discussion... Perhaps, after showing unsuccessful attempts as indicated above, the lawyers could then use that as evidence that the two parties are unable to resolve issues, and then the courts can resort to further measures to finalize things?

Otherwise, the delays could result in someone never being able to complete a divorce... if only one of the sides wanted to keep the marriage status... That seems unlikely to be the case, but please let me know if I am wrong??

George_1950 · Feb 8, 2008, 07:57 PM

Oneguy asks: "As long as one person is filing for the divorce, can't the judge grant it even if the other party refuses to sign any agreement?" Yes, the judge can rule on every issue: the marital relationship, alimony, division of property, payment of debt, child custody & visitation, & child support. Or the parties can agree on one issue or all issues, and the court decides the rest. The really difficult cases go to trial; the less complex cases are settled. And all of this depends on the personalities involved.
Another question pertaining to: "if only one of the sides wanted to keep the marriage status... " Every state has a 'no fault' ground for divorce, meaning that one party can testify that the marriage is irretrievably broken and there is no hope for reconciliation; and the divorce will be granted without a trial by judge or jury. So, one side can not stop the divorce from being granted as long as the complaining party pleads the right grounds for the divorce.