Can I contiue a divorce that my husband started?

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Can I contiue a divorce that my husband started?

My husband filed for divorce, but didn’t schedule a hearing to submit the financial statements and other things (he hasn’t given me the forms) and dismissal date is approaching. I received a notice from court that if a hearing is not scheduled before the dismissal date that the case will be dismissed. Dismissal date is approaching.

Asked on September 5, 2010 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have an attorney or are you representing yourself?  I would strongly suggest that you seek legal help in all of this.  While it is true that generally it is the obligation of the Plaintiff or the Petitioner (the person that started the lawsuit) to prosecute the matter, the defendant or Respondent (you here) can make applications to the court to move a matter along.  You can generally request the same hearings as your husband.  And you can get the same forms as your husband.  You do not need to have to wait for him to send them to you.  Go to a legal supply store and ask.  The clerks there are usually very familiar with the forms required in all proceedings.  If not, go down to the courthouse and ask for the title or number of the form.  Then go and buy it, fill it out and file it with a request for a hearing.  Good luck.


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