What can I do or what papers can I file to stop a divorce trial?
posted Sunday,
4:25 am
Maybe I worded the question wrong. I don’t want to stop the trial, just postpone it until I get enough funds to hire an attorney.
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Filed under: Divorce
conceed and make an agreement, that will stop a trial, or hearing.
you have period between decree nici and decree absolute
inbetween decree nici and absolute you have opertunity to halt divorce procedings . once decree absolute has been granted you are officially divorced
get in contact with divorce lawyer and tell them to stop the divorce case .
Depends upon whose divorce you are talking about. If you are talking about your own, then you are kind of out of luck. If you need more time to prepare for the trial, then you can go to the courthouse and ask to fill out papers for a continuance. This postpones the trial for a week or longer. The continuance is not granted however, until the judge approves it. You will have to check back with the court to see it it has been approved, and you have to have a valid reason to ask for a continuance. My ex-husband got 3 or 4 continuances at the last minute, but after continued efforts to stall things, the judge saw through it and refused to grant any more.
Basically, if one party wants the divorce and the other doesn’t, you can’t force the person to stay married to you. Even if you don’t sign papers, you will eventually be divorced by default after a period of time allowed by your state. Another thing to remember is that if you don’t show up for a hearing or a trial, then the likelihood that things will go in your favor is greatly diminished because you did not show up to dispute what your soon-to-be ex is saying, so often the court will grant things in the other person’s favor by default if you don’t show up.
The best thing you can do is to contact an attorney. If you can’t afford one, then you can go to the courthouse and ask for an "ex parte continuance", which is basically an urgent postponement granted as soon as possible, so that you can have time to seek adequate legal representation. If your divorce is going to a trial and is not merely a hearing, trust me, you will want an attorney. Trials are more stressful and it’s better not to represent yourself. If you can’t afford an attorney, you can ask at the courthouse’s Family Law division if they can give you a list of attorneys who work on a sliding fee scale or who work for free. There are many out there who do. Another thing you can do is to ask your spouse’s attorney if they can represent you both. My attorney refused to represent my ex-husband because his behavior was such that it was impossible to be impartial where he was concerned and my attorney quite frankly, hated him. Still, many couples use the same attorney and it works out fine for both parties. Whatever you do, I would go to the courthouse and tell them your situation and see what they suggest you do. They can’t give legal advice, but they can tell you what forms you need to fill out in order to postpone the divorce trial. I wish you all the best in this. I know how difficult this must be for you, as I went through a very ugly divorce that ended up going to trial.
Sorry but if your husband wants a divorce even with a continuance or 2 you have NO way of stopping it so just let it go ahead and then mourn your loss then get up dust yourself off and move on.