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Did he cancel the divorce or did the judge?

Anonymous
Posted by Anonymous
  • 16 Replies

I just got a lawyer recently, otherwise our divorce was just sitting there...with nothing being done about it. Last time we went to court, the judge said he needed to complete parenting classes before he would do anything. So everything was left up to ex. I got tired of waiting for him to do anything, so i applied for a free lawyer through the volunteer lawyer program. I just got one the begining of February, and so hes still setting stuff up getting ready to file papers to go to court.

I checked the repository website tonight, and see 

"Notice Of Proposed Dismissal Issued" 

Does that mean my ex filed for the divorce to be canceled or the judge dismissed it due to inactivity?

The last thing that was done on it was August 9th 2013. 

I'm scared my ex might have because he had claimed he was going to cancel it and then re-file it where he lives, so I have to drive up there for everything. Right now, NOTHING has been signed by the judge for the custody or divorce, besides a protection order...

The court house, and my lawyer, are both closed until Tuesday...

Can my lawyer file for it to be re-opened? 

Idk. Does anyone know what that means? 

Posted by Anonymous on Feb. 14, 2014 at 10:02 PM
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Replies (1-10):
Anonymous
by Anonymous 1 - Original Poster on Feb. 14, 2014 at 10:06 PM

BUMP!

mamatink7
by on Feb. 14, 2014 at 10:07 PM
1 mom liked this

i believe-since you are covering your tail-your lawyer does have the power to reopen the case, asking for another court date then everything should be in your court which is what you want. i am not sure if judge/ court dismissed it or your husband did. 

good luck

Anonymous
by Anonymous 2 on Feb. 14, 2014 at 10:08 PM
Here's a bump for ya
Anonymous
by Anonymous 1 - Original Poster on Feb. 14, 2014 at 10:19 PM


Quoting mamatink7:

i believe-since you are covering your tail-your lawyer does have the power to reopen the case, asking for another court date then everything should be in your court which is what you want. i am not sure if judge/ court dismissed it or your husband did. 

good luck

I'm really hoping the judge did, with it being almost 6 months exactly from the time anything was done...I'm thinking/hoping 6 months is a good amount of time to pass with nothing being done...and it would make sense for it to be canceled. 

I just wasn't sure if my lawyer could re-open it or if I would have to pay the fees all over again.

Anonymous
by Anonymous 1 - Original Poster on Feb. 15, 2014 at 1:08 PM

BUMP!

P.e.b.b.l.e.s
by Platinum Member on Feb. 15, 2014 at 1:20 PM

When I divorced my exH, I cancelled our divorce for a short period so we could try again.  Since I was the one filing, I could.  If ex wanted the divorce to proceed, he had to file.  When we decided that we were really done, I just filed for my divorce to be reopened and we were divorced within a week since the initial 60 days had passed.  Here, the divorce can be put on hold up to 1 year, then you have to refile.  

With the wording, someone asked for it to be dismissed but there is no way to tell who did since if doesn't say plaintiff or defendant or the courts.  Here, the courts do not usually do anything for inactivity unless it has been more than a year.   

hautemama83
by on Feb. 15, 2014 at 1:22 PM
Inactivity most likely. Why is your divorce contingent upon him taking parenting classes?
Anonymous
by Anonymous 1 - Original Poster on Feb. 15, 2014 at 1:52 PM


Quoting hautemama83: Inactivity most likely. Why is your divorce contingent upon him taking parenting classes?

We had court ordered parenting classes that had to be done, and he refuses to go. But when we went to court for custody, the judge said he had to complete the parenting classes, and ex said he would asap...then months later we went back to court for a protection order and the judge asked what the status of the divorce was, and I told him we were still waiting for ex to complete parenting classes. Ex said he had one class left, and 3 months later he still has not completed the classes, so now my lawyer is just going to try to get the judge to get him for contempt of court and get the divorce moving along. 

Anonymous
by Anonymous 3 on Feb. 15, 2014 at 1:54 PM
In PA no way. Only one person could file at a time and the other person can't cancel it.
Anonymous
by Anonymous 4 on Feb. 15, 2014 at 1:59 PM
Maybe the lawyer asked the judge to dismiss ex classes so you can get a divorce from him.
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