Q: Hi, I had an attorney for my divorce for over a year so we've made quite a bit of progress. Here's where we are:
The Parental Plan and Marital Settlement were drafted and sent to my spouse's attorney, then we attended our mediation in Feb., 2022.
During this mediation, there were several changes made to the 2 documents, but we ran out of time and didn't get them signed. The main point of contention is the equity in hour marital home.
Since the mediation, neither of us have used our attorneys. Since the mediation, he and I have been communicating about the equity in our marital home (I no longer live there but my spouse does), which will determine the amount paid to me to buy me out. Today, I sent my final acceptable number, which happens to be much higher than he's willing to pay. If my spouse doesn't agree with me, at this point, I'd like to move forward with finalizing my divorce.
What's my next step? Do I go to the court for certain documents to complete? Obtain my entire file from my attorney? Set a court date? A mediation? I have absolutely no idea..
A: First you must make sure that at least one of you have plead for partition which is what allows the court to sell the home at auction if you and your husband cannot agree on what to do with the home. Second, you need to have the home appraised by a reputable appraiser that has experience testifying in court as the judge will need testimony from this sort of expert to determine the value of the home. Third, once you have all of the above completed, and you have all the evidence you need to prove your case on all the issues that have not been agreed on, you will need to file a notice for trial to advise the court that you are ready for trial. Make sure to review the judges policies and procedures as every judge and county is different.
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