Extension Filed for No Reason


#1

I received notice that my soon to be ex-wife’s attorney filed for, and was granted, an extension on the Divorce Decree. We both signed and had notarized all required documents in November. There is nothing outstanding. My wife is stating that she did not request the extension, as she had signed the agreements. Sounds really shady to me. We both had informed our attorneys that we wanted the divorce finalized in December, and completed the “paperwork” to facilitate that. I know you cannot answer why the extension was filed, but I would like your advice on what can be done to remove the extension. If everything is in order, why can’t the divorce decree be finalized regardless of the extension? Or, are we now required to wait until the extension expires in January? Thanks.


#2

It sounds like you are referring to a Motion for Extension of Time to answer an absolute divorce complaint. If so, this is a typical motion that is almost always granted the first time it is filed.

Since a motion is granted by way of an order, there is generally nothing that can be done to overturn the order granting the extension of time. Once the extension time is up and the answer is filed, then a court date can be scheduled for the absolute divorce.