My ex and I went to my attorneys office and signed an uncontested divorce. We have joint custody of the children with no child support. The papers were sent to the judge. The judge sent back saying he needed an adendum stating that when the children were in our care we would support them and vice versa. Problem is, now I cant get him to agree to sign again. Since the main divorce papers are already filed, will our divorce be filed, or will it be thrown out because the addendum isnt signed?
Similar thing happened with my divorce several years ago. Uncontested divorce, papers were filed, judge sent them back because he wanted a paragraph added that stated I, as the custodial parent had the right to have the child support taken from his paycheck. My ex would not go back into to sign the papers. At this point he had decided that he didn't want the divorce (I filed due to his infidelity) and that the judge sending the papers back was a "sign from GOD".
My attorney issued him an ultimatum, sign the papers by certain day and time (which was a Friday by the time his office closed) or a motion would be filed the following Monday morning to "take it to court". The ex chose to sign the papers.
However, I do not know your circumstances but I would reconsider the child support issue. Children are not cheap! They get more expensive as they get older. There clothes cost more, they want to participate in activites at school etc. Whoever the children live with should get support from the other parent. If the children live primarily with you, then the ex should pay child support. If you don't need the child support for their care then open them up a savings account for there future.
To somewhat answer your question, until the judge signs the FINAL paperwork then the divorce is not final. So you both have to sign the papers and then they go back to the judge for his final signing. Then once he/she signs it will be final 60 days from that date.
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