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?

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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

Answers:

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


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