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rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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Can you go forward with a divorce after it is ...

Customer Question

Can you go forward with a divorce after it is contested. Contested Court date is over and finances were settled but nothing was said about the divorce decree. What do I do next? How can I proceed with my original divorce papers that were served on my spouse?
Submitted: 6 years ago.
Category: Family Law
Expert:  rvlaw replied 6 years ago.

Hi,

I suspect that when the case came on in court to settle the finances, the assumption was that the divorce would be granted to the party commencing the suit. It is highly unlikely that the court would rule or help put together an agreement on finances but leave open the issue of the underlying divorce.

Rich

rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience: Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
rvlaw and 6 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
I was a legal assistant at one time and I thought this was true, but there was no mention of the divorce.

Questions is, what do we do about continuing with the divorce now?

March 14th was the contested court date and I'm wondering if there is a time limit to continue on with re-instating the divorce proceedures and how do we go about it??
Expert:  rvlaw replied 6 years ago.

I think you should call the court ot the chambers of the judge who presided to confirm that the divorce is not being processed. The fact that it was not mentioned specifically does not mean that it is not going to be granted, It's only 2 weeks ago.

Rich

'

Customer: replied 6 years ago.
Thank you.

One more question. Is there any way she can stop the divorce?

I've heard about putting a nofication in the paper if a spouse will not sign the necessary paperwork. Can this be done as a last resort?
Expert:  rvlaw replied 6 years ago.

We are back to the same issue. If there is a pending action for divorce...which is the only way/context in which a judge could have presided over a settlement agreement conference...then that action/lawsuit is still in place. If your spouse has agreed to a property settlement...how can she now contest the divorce? It's illogical. I'll say it again....the divorce is going through.

Rich

Customer: replied 6 years ago.
Thank you...thank you...thank you!
Expert:  rvlaw replied 6 years ago.
My pleasure

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