In 2000 my attorney filed my divorce in the wrong county and I just found out, what happens if ex will not sign new papers?
My ex-husband and I filed for divorce in 2000. We recently found out that my attorney filed the divorce in the wrong county and never followed-up to have this corrected. Now my ex will not sign new divorce papers which are exact duplicates of originals we signed in 2000; he now wants me to pay him more money. It has been 10 years. Is there anything that I can do? We jointly agreed on terms initially in 2000 and we both signed the agreement. Do I have any recourse? My divorce papers show a signature, date and file number. Is there any way to rectify this without me being penalized?
The agreement that you executed is a valid agreement and you may be able to enforce it against your ex in another court based on the lawyer's error. I suggest that you hire a different lawyer in the correct court and file a motion to enforce the judgment. In other words, you are asking the court to make the order effective in thew correct county. The court should not require you to have to get your ex to resign papers as he has already agreed to the terms. There is case law in most states relating to bringing actions to enforce a judgment or agreement. Hire a lawyer to take action.