Property Settlement: Specific Performance Motion-NEXT STEP?


#1

I am pro se. I have a very flimsy set of Mediated Stipulations which were notarized and signed by me and my ex a couple years ago. The ex won’t sign-over the accounts. We’ve played cat-and-mouse game of negotiation for a couple years as we’ve tried to iron out the Settlement language in a formal document. But no resolution. I filed a Motion for Specific Performance last summer. After waiting the maximum time, they had no option but to respond. So they sent me a proposal. For the 6 months hence, we are back to cat-and-mouse games. The history of this case seems to be that nothing gets done unless it’s required by the Court or at the last minute via threat of a Motion. What are my options to get these Stipulations executed and a Property Settlement finalized? Do I need to file another Motion for Specific Performance? Or do I simply need to push forward with my Specific Performance filed in June 2013 - by getting it on the Court docket at the next calendar call? Or am I missing something? I heard that before the Court will hear the trial, both sides get to ask the other side 50 questions. Is that correct, or am I confusing Property Settlement with the permanent custody and child support trial? Thank you.


#2

If the stipulations were entered and filed in conjunction with an ongoing case, they should be enforceable even if not put into a formal agreement or court order, and you should be able to file a motion for contempt for failure to follow the agreement.