Can I reopen my divorce case?

Asked over 1 year ago - 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)

  1. Brenda J. Richard

    Contributor Level 12


    Lawyers agree

    Answered . 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

  2. Peter L. Conway

    Contributor Level 17


    Lawyers agree

    Answered . 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... more
  3. John F. Brennan

    Contributor Level 19


    Lawyers agree

    Answered . 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... more

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