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Can I reopen my divorce case?

Detroit, MI |

I was one month away from filing for divorce but then decided to drop the case. My spouse said that he will change. But at the end he didn't. Its been about three month since I dropped the case. An now i was wondering If i can reopen the case, an go through with the divorce. I don't want to wait three month again. Also I have no kids an i don't want none his money either.

Attorney Answers 3

Posted

I assume you meant to say that you were one month away from "finalizing" your divorce when you dismissed the case. It is "possible" to reinstate the divorce action and finalize your case. In most cases, the Judge will reinstate the action on your motion to do so as long as you have a consent judgment of divorce that has been signed by you and your husband. Some judges will also require that you re-pay the filing fee.

Brenda Richard
(248) 355-1800

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Posted

Your question is a bit confusing. Generally a divorce case starts because someone files a complaint. When there are no children, the divorce can be granted 60 days after the complaint is filed. In order to drop the case, paperwork is usually filed asking the court to dismiss.
Your case illustrates why it is helpful to have a lawyer. Your lawyer can tell you exactly what the status of your case is.
I suggest you review the court file to figure out the status of your case. Then you can see whether you can get your old case going again or whether you have to start over.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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Posted

You should engage an attorney, and either seek to reopen the case or simply file a new one as the fees for the motion to reinstate, court 'sand attorney's, may exceed paying the filing fee again, unless there is a need to expedite the final judgment.
Good luck.

To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

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