Can you just send my paperwork to the judge so they can divorce me if my soon-to-be-ex will not sign?
September 27, 2022 at 11:30 AM
by Amanda
Hello darkness, my old friend!

Frankly, no one would really want a system where an attorney could just run in and do whatever without giving the other side an opportunity. Think of how sneaky some people could be - they would literally get married, sneak around to the judge to take everything in a divorce and ghost their now former partner. That seems really unfair if you stop and think on it, doesn’t it? Moreover, it would be unethical for an attorney to do something like that in most cases.

But does that mean all cases go before a judge for a hearing? No. When I handle a case, I make sure that both sides have an opportunity to read and reflect on the paperwork. I have both people sign it in front of a notary. Generally, that means you will not be going to Court either. While it may seem like I can just run up to the courthouse and get the judge to sign something, I am careful that what I ask the judge to sign reflects an agreement, not something that the other side has had no say in.

The more important unasked question is what can you do if my ex will not sign? I do not have a magic wand or any ability to force anyone to do anything. If I did, I would have sweet-talked myself into a 0-hour million dollar a year job and I would go to every Cardinals game. I however, can give you some tools to try to help you get your ex to sign. If it totally fails, then I would give you some referrals to my colleagues who will help you get your papers served on your reluctant ex.

So no, I cannot just send the judge the papers and have them signed if there is not an agreement. But if you have, and you are ready to start the process, reach out to my office.