If my husband I were planning on a DIY divorce so we were going to fill out a consent decree together but he no longer wants to, what happens?

The judge ordered us to have it filled out and handed in by a certain date. He is now having cold feet and refuses to fill it out. If we pass the date ordered by the judge without handing in the decree, does our case get dropped or does it go to trial?

Asked on October 29, 2015 under Family Law, Arizona


Chris Hildebrand / Hildebrand Law, PC

Answered 5 years ago | Contributor

Failing to file your marital settlement agreement and proposed decree of dissolution of marriage may result in the judge dismissing your case. However, you can avoid having your Arizona divorce case dismissed by either filing a Motion to Set and Certificate of Readiness, which is a motion requesting the case be set for trial, or filing a Motion for Resolution Management Conference.  If you have already attended a Resolution Managment Conference, which I suspect you have, your only remedy to avoid having your case dismissed is by filing a Motion to Set and Certificate of Readiness.  You have more questions, please feel free to contact us through our website at www.HildebrandLaw.com.  I hope this information was helpful.
Chris Hildebrand

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.