Has your ex disappeared when they were supposed to sign a QDRO or the interspousal deed to your house?

Now that your divorce is finalized, many clients think the work is over. Unfortunately, there are typically a few loose ends about ownership documents for property and retirement.  Sometimes the other party does not want to cooperate in signing these documents because they are tired, angry, or just difficult. 

You may need to ask the Court for help in getting the documents signed.  

If the Court has already made an order for the documents to be signed (in the divorce judgment) and your ex has disappeared, the next step is to ask for an Elisor to be appointed. An Elisor is authorized by California Civil Code Section 128 to act as the party and sign on their behalf.  The Elisor is typically the Clerk of the Court. 

To get the Court to make an Elisor order, you must first attempt to contact your ex spouse and ask them to sign the required documents. If they ignore you or say “NO” despite a court order that says they must sign the documents, then you can proceed by filing a Request for Order that asks the Court to sign on their behalf.

Since this will likely be a post-judgment motion, you must properly serve your Ex in person.  If you have trouble locating your ex you can ask the Court to allow you to serve by publication or post.

After you obtain an order appointing the Clerk to sign on behalf of your Ex, you must then provide the document to the Court for signature and bring with you a notary so that the document has an official record.

If you are looking for help with signing an order after judgment, please feel free to reach out to amanda@gordonfamilylaw.com.