What are my options if my spouse filed for a divorce 90 days ago but is now stallingabout move forward with the proceedings?

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What are my options if my spouse filed for a divorce 90 days ago but is now stallingabout move forward with the proceedings?

My wife moved out of our home and filed for divorce 90 days ago. We went to court 75 days ago and agreed to mediation to divide property. We have both provided our attorneys with the property lists, but now she refuses to set a date for mediation. Now that I want the divorce and because she will lose medical insurance when final, she is stalling. What can I do to force her to move forward with the proceedings? Per her request, I do not contact her directly – only through the attorneys and my attorney has a wait and see attitude about all of this and is offering no help.

Asked on February 6, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen, if you feel that your attorney is not acting in your best interest or is not following your wishes then fire  him or her and get a new one.  That is your right.  Now, you need to find out if your agreeing to mediation precludes you from going before a judge on the matter.  It should not if all that you wish to do it to move the mediation along.  You should see if you can in some way bring a motion to set a date certain for the mediation and for sanctions to the party that does not proceed.  That may get her and her attorney moving in the direction you wish to proceed.  Get a second opinion here and good luck.


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