I filed for divorce and he already signed all the divorce documents and the court date for the final hearing is already set. Something happened now and we dont want to get divorced anymore...but the hearing date is set already.
Will it be canceled if me, the plaintiff dont show up?
2007-03-21 22:27:03 · 14 answers · asked by mteresara 2 in Family & Relationships ➔ Marriage & Divorce
You can both show up, and just say you want to withdraw the application
2007-03-21 22:29:41 · answer #1 · answered by sharkgirl 7 · 1⤊ 0⤋
Well, if you don't go to court then obviously the judge won't grant the divorce. However, you need to call the clerk and tell her that you have decided that you don't want to file for a divorce. If you filed and your husband signed it sounds like you had made up your mind. I really hope you think about if the relationship will work this time or if you two are just scared at the thought of actually being divorced. It can be scary and takes time to get over but you do. I hope that's not the case and I wish you the best in your marriage.
2007-03-21 22:31:25 · answer #2 · answered by my_own_frog 3 · 0⤊ 0⤋
I am very happy that good sense has prevailed upon you both and have decided to withdraw divorce proceedings. If as a Plaintiff, you do not show up, the judgement will be given exparte (i.e. in the absence of Plaintiff). As a Plaintiff, it is better for you to make an application (prior to the judgement day) that you are withdrawing the divorce application.
Please start life anew, forgetting the past and see that you both live in peace and harmony.
Good luck and God bless.
2007-03-21 22:47:30 · answer #3 · answered by Anonymous · 0⤊ 1⤋
No the divorce will still go thru if you dont show. You can cancel the court date anytime prior to the actual court date. This happens all the time. If attorneys are involved,just inform them and theyll take care of it. Congrats on remaking up and good luck
2007-03-21 22:39:14 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
Inquiring minds want to know???
In all honesty, I think that you should be woman enough to show up and to speak your mind that you and your spouce are going to work it out. That's the last thing courts want to hear is that you're going to get a divorce. That's why they suggest a year of a separation so that you two might work it out. Girl, stand by your man and work at that marriage. Best of luck to you and yours
2007-03-21 22:31:49 · answer #5 · answered by Jerry S 2 · 0⤊ 0⤋
You both have to show up and withdraw the filing. Or you can both call your lawyers and have them do it for you. Either way, make sure you show up!! If you don't show up, and he does - the court will look at him favorably. If he's changed his mind and goes ahead with the filing, you will lose. Protect yourself and show up - then you can both act together to stop the divorce if that is what you both still want.
2007-03-21 22:33:16 · answer #6 · answered by zoom 1 · 0⤊ 1⤋
Contact the office of the court clerk and explain that you've reconciled, and ask what you need to do to end the matter. It should be pretty easy.
You don't want to no-show a judge; you're wasting the court's time and delaying others' proceedings. Be courteous and hit the brakes on all those wheels you've set in motion.
2007-03-21 22:31:59 · answer #7 · answered by Anonymous · 0⤊ 1⤋
If you don't show up, you could be in contempt. You should contact your lawyers and tell them what has changed. If the papers aren't filed yet(and by filed, I mean after the court precedings, by the judge), then technically, you're still married.
2007-03-21 23:42:10 · answer #8 · answered by mixedup 4 · 0⤊ 1⤋
Both of you turn up and just tell them there has been a change in your circumstances, congrats on not getting divorced, hope it works out for you both this time.
2007-03-21 22:33:25 · answer #9 · answered by jules 4 · 0⤊ 1⤋
Just show up and withdraw your petition for divorce
2007-03-25 19:38:41 · answer #10 · answered by Brett C 4 · 0⤊ 0⤋