My ex wife refuses to sign paperwork to stop foreclosure of our home. The profits of the sake of the home were suppose to go towards back alimony. Her attorney was court ordered to find a Realtor back in July. He never did so I did. My ex wife has refused to sign that paperwork too. Can I do anything? Is she only in contempt of court? Is her attorney in contempt of court?Can I sue her?
If a court order signed by a judge and filed stamped clearly states that your ex-wife was supposed to do something by a certain time or within a reasonable time and she did not, then she would be in violation of the court order. You can file a contempt motion (called a motion and order to appear and show cause) to have her held in contempt and to have the court order enforced.
The attorney is likely not in contempt of court since the attorney is not a party to the case.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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