Can the judge finalize a divorce at a order to show cause hearing?

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Can the judge finalize a divorce at a order to show cause hearing?

I have a order to show cause hearing with my soon to be ex-husband. I was forced to leave the family home due to domestic violence and I placed a retracing order on my ex. So due to the divorce and the restraining order I have not had permission to go get anything from the house. In fact the the temporary domestic order stats that no one can remove anything from the house at all. Well long story short my ex and his new girlfriend were removing items from the residence and even selling stuff before the court order what property I could keep and what property he could keep. So that is what the order to show cause hearing is about. Can I ask the judge to finalize the divorce in that same hearing instead of having to wait go another date for the divorce? And if so, how would I bring it up in court? I have no money nothing he left me with nothing so I wasn’t able to hire a attorney.

Asked on December 21, 2011 under Family Law, New Mexico

Answers:

Wayne Patterson / Wayne Patterson Attorney at Law

Answered 9 years ago | Contributor

In some cases the judge might go forward with the divorce if everyone is in agreement. However, it appears that there are issues as to the division of the marital property and I am not sure if all the requirments for a final divorce have been met. Normally you are going to have to file for a final hearing. You may be able to do that now and ask the clerk to give more time so that both can be heard but that is unlikley if the hearing is soon.


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