Can my wife, who signed the divorce decree, rescind on an uncontested divorce less than 24 hours before it would be finalized?
August 8, 2011 4:49 PM Subscribe
My wife decided to contest the divorce less than 24 hours before it would have been finalized. She had already signed all of the decrees.
posted by mephesta to law & government (28 answers total) 12 users marked this as a favorite
I understand and accept that responses are not actual advice from an attorney. I understand that by providing me with information or advice, you are not acting as my attorney, nor does providing me with information or advice make you my attorney.
I separated (non-legal) from my wife in September. I filed for divorce 90 days ago. We agreed on an uncontested divorce. I was to go and have the judge sign the decree at 11am tomorrow, but I received an email from an attorney she just retained at 3:30pm today, saying that it was now contested. She did not say my wife's demands, but said my wife did not intend to drag this out and just wanted to make sure the paperwork was done properly. My wife had already signed all of the documents to make the divorce binding and legal. I just needed to present them to the judge tomorrow.
It is frustrating that this is happening at the last minute. I have not responded to the attorney and will not (and have not) contacted my wife about the issue. Is there anything I can do to finalize this tomorrow? Since my wife signed everything and I have less than 24 hours notice? Does this constitute a breach of contract, since my wife agreed to something, then rescinded after I relied on her agreement?
I am in Washington State. I am freaking out, because I do not have the time and especially not the money to deal with this. The attorney wants to meet me at the courthouse tomorrow to serve me. I realize it may not cost me anything, if what the attorney says is true, but I just want this to be done and I think that since my wife agreed to it and signed everything, then she should be held accountable.
Thank you for any help.