Reinstatment of Divorce in Michigan
My question involves divorce in the State of Michigan.
I filed for divorce in 1997 in Michigan. No children, no property. Husband/defendant served and we were in the midst of our 60 day statutory waiting period. He wanted reconciliation. Divorce dismissed because we reconciled. Question is:
I now want to reinstate this divorce.
Is there a prescribed period of time that a Judge will allow reinstatement? If so, how long or is it in the discretion of the judge?
Thank you.
Re: Reinstatment of Divorce in Michigan
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Quoting
gonojunk@comcast.net
My question involves divorce in the State of Michigan.
I filed for divorce in 1997 in Michigan. No children, no property. Husband/defendant served and we were in the midst of our 60 day statutory waiting period. He wanted reconciliation. Divorce dismissed because we reconciled. Question is:
I now want to reinstate this divorce.
Is there a prescribed period of time that a Judge will allow reinstatement? If so, how long or is it in the discretion of the judge?
Thank you.
You'll have to go through the divorce proceedings again.
Re: Reinstatment of Divorce in Michigan
I worked in law offices. I have had judges reinstate divorces in the past that were dismissed, so it can be done. Question was: Is there a statute or court rule controlling length of time to ask for reinstatement, or is it judge's discretion?
Re: Reinstatment of Divorce in Michigan
Quote:
Quoting
gonojunk@comcast.net
I worked in law offices. I have had judges reinstate divorces in the past that were dismissed, so it can be done. Question was: Is there a statute or court rule controlling length of time to ask for reinstatement, or is it judge's discretion?
What did your past employers/contacts say when you asked this question?
Re: Reinstatment of Divorce in Michigan
You've worked in a law office, so surely you are familiar with the court rules. They provide for reinstatement of a case dismissed for non-progress upon a showing of good cause; I see nothing providing for the reinstatement of a case voluntarily dismissed. I expect that some courts would respond to a timely motion anyway, but you've been sitting on your hands now for thirteen years.
Re: Reinstatment of Divorce in Michigan
Thanks everyone, but sitting on my hands is not what I was doing. He left me the first time; wanted reconciliation; left me again when we lived in another state; I came back to MI and now have jurisdictional issues with him as I am in MI and he in another state. Reinstating the MI divorce was a hail mary in order to retake jurisdiction to finalize in MI. there are no court rules governing my question, that I am aware of, which is precisely why I asked this question. Because I worked in law offices does not give me instant acess to answer.