The 90-Day Waiting Period: Part II

11 Oct

If you decide you do not want a divorce and you are the plaintiff, you may stop the case by filing a Withdrawal (JD-CV-41) at the clerk’s office. However, if your spouse has filed a Cross Complaint, the case will continue unless your spouse also files a Withdrawal form.

 At the end of the waiting period, your case may be scheduled for a final divorce hearing. The schedule depends on how much you and your spouse agree on the issues. If you and your spouse agree on all the issues, your case is “uncontested” and the divorce hearing may be scheduled immediately. If you and your spouse have disagreements about money, property division, custody of your children or visitation, your case is more complicated than an uncontested case and would involve more court rules and procedures. You must tell the court, using the Case Management Agreement, about the status of your case (for example, uncontested) and when you will be ready for the final divorce hearing.

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Posted by on October 11, 2012 in Uncategorized


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