Today motion was granted to consolidate emergency custody complaint case and absolute divorce complaint case.
My wife’s (defendant) attorney previously answered my complaint for absolute divorce, denying claim of 1 year separation, and made motion to conolidate. The only thing heard today was consolidation and granted. When will judge rule or have hearing on their contesting absolute divorce?
I am convinced the denying and challenging our separation period is a stall and harassement tactic.
She’s even the one that moved out!
Since her attorney is not filing a motion for hearing about their contesting a valid separation can I to get things moving towards
my absolute divorce?
If I can is there a form I need to file?
The divorce needs to be set for hearing, and you may do so by contacting the clerk and requesting some available dates. You must share the available dates with her attorney and wait to see if he/she responds and agrees to a date. If you do not hear back you may go ahead and set the matter for hearing and send out a notice of hearing to her attorney.
I checked and just a few spots still open for September otherwise judge Hoover is not on rotation at all in October and nothing available then until mid November at best according to scheduler!
With them trying to drag this absolute divorce out, do I actually have to pick a date that they agree on?
What if we can’t agree on a mutual date?
If none of the dates you provide work for opposing counsel due to conflict you will have to obtain more dates. If you simply do not receive a response you may select and set your preferred date.
My wife’s attorney said that since we consolidated the custody case with the abolute divorce case that I would not be able to get
a hearing just to resolve their contesting the divorce issue now. That true?
The problem with this is that Judge Hoover only has like 2 spots open for non custody issues the rest of the year. Anything availability involving custody is well into next
year.
No, you may schedule the divorce hearing before custody is heard.