QUESTION
Can she refuse to cooperate, contest this hearing, or not show up and if so, what will the judge do?
Asked on Jan 13th, 2013 on Divorce - California
More details to this question:
I filed for divorce on irreconcilable differences and my wife contested it, saying she didn't want the divorce. She left me for 14 months and ended up living with a man, came home suddenly wanting to work it out, but I'm done. We have too much arguing, etc. So now, we are waiting for a "Temporary Orders" hearing date. How can she cause problems? We don't have any children and I'm willing to give her what is due her and more. I just want the divorce to proceed. Thanks.
10 ANSWERS
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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She can refuse to cooperate. Filing for Irreconcilable Differences may not result in getting you anything. File on Fault. Get an attorney.
Answered on Jan 17th, 2013 at 2:00 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There is not much you need to do. The temporary order hearing is to set rules for things which must be attended to during the pendency of the divorce. At a final hearing, she can be heard to say that the marriage is not 'irretrievably broken.' which are the magic words in Wisconsin. But since it takes two to tango, it is very hard for a judge to say that you cannot have a divorce if you want one. When cases turn difficult, it's good to hire an experienced lawyer.
Answered on Jan 17th, 2013 at 2:00 PM
She can not keep the dissolution from happening only delay it. If she does not show up then the court should proceed without her. You should consult a family law attorney or facilitator about the procedure for obtaining a default judgment.
Answered on Jan 16th, 2013 at 9:21 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you have a lawyer, ask the lawyer these questions and follow his or her advice. If you don't have a lawyer, get one. There are too many ways to do this wrong and wind up with further delays and complications.
Answered on Jan 16th, 2013 at 9:15 PM
She can contest the divorce and it will delay the divorce. There are motions that we can file on your behalf however, to speed up the process. If you would like to discuss these options, feel free to contact our office for a free 30 minutes consultation.
Answered on Jan 16th, 2013 at 9:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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As you clearly do not understand the process you need to engage an attorney.
Answered on Jan 16th, 2013 at 8:54 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She can make it more expensive by arguing about the property division, but not much more than that. Trust your attorney.
Answered on Jan 16th, 2013 at 8:47 PM
If she does not show up the court will probably give one continuance. If she fails to show up a second time be prepared with an temporary order of what you want and ask the court to sign that. Make sure you can prove she received notice of the hearing and file your proof of service.
Answered on Jan 16th, 2013 at 8:44 PM
Steven D. Dunnings
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Answered on Jan 16th, 2013 at 8:34 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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In CA she can't stop the divorce. She can fail to show up but you should be Able to proceed by default.
Answered on Jan 16th, 2013 at 8:34 PM