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I was served divorce papers and have a court date within 10 days. My spouse and I have come to an agreement to hold off until a later date for the kids' sake. Should we ask the court to dismiss it or is there an option to hold until we are ready? When we move forward, we would like to do this amicably and Pro Se.
5 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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How long of a delay are you thinking? Months.. you can get, years no.. stipulate to a dismissal of the divorce complaint and refile when you are ready.
Answered on May 07th, 2014 at 2:51 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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As your husband was the on that filed, he is the one that has to dismiss the action.
Answered on May 07th, 2014 at 1:11 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Both appear at the hearing and ask to abate the proceedings.
Answered on May 07th, 2014 at 11:11 AM
It depends on what you mean by "hold off" the process? And for how long. To get divorced in Michigan there is a six-month waiting period. Generally this means the court will not grant a judgment of divorce until six months after the complaint was filed. If you just want to wait until that six months has passed that should be no big deal. If you are talking about waiting longer the court may not let you do so. At some point the court wants cases to move along. You can certainly stipulate to dismissing the divorce at your upcoming hearing; the court will probably let you do that. However this means one of you will have to start the process all over again when you are ready to move forward.
Answered on May 07th, 2014 at 10:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should contact the court and ask to have the case dismissed, and, when you go forward, at least have the matter review for compliance by an attorney before entry.
Answered on May 07th, 2014 at 10:21 AM