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Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Anonymous Asked:

Hi,
I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach an agreement and have a separation agreement in place.
In order to process the divorce, as per my lawyer my ex needs to withdraw his Answer in order for a judge to grant a divorce. However, my ex is unwilling to withdraw his answer as his lawyer has advised that a divorce will be granted on filing the separation agreement.
Could you let me know how the court acts in this matter to process the divorce?

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Hello,

Thank you for your interest in our services. If you two have reached an agreement, you could draft a consent order for the judge to sign that contains the terms of the agreement. When the judge signs it, the hearing comes to a conclusion and the divorce can be granted.

We could do so if you would like us to draft the consent order. The lawyer drafting the order for you would charge you $2,200. 

Please let us know if you would like to proceed accordingly.

Douglas 

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