Q: Divorce case was dismissed due to not filing default. Is there a motion that can be filed to reopen. Ex sent answer late
I filed for a divorce. The case was dismissed because I didn't file a default against my spouse. I submitted the default form but I didn't submit the supporting documents because my spouse submitted a response, though not within the 1st 21 days. Is there a form that can be filed to reopen the case in light of my spouse submitting the answer form? This is the second time it was dismissed, due to the same thing. It has only been a week
A: Would your ex agree to re-open and complete the process? There is a court rule that provides a mechanism to do this, but it requires adherence to strict time deadlines. Courts follow those timelines closely, and when your time's up, your time's up. The alternative is of course to re-file again. Since it appears you two are doing this yourself, I'd suggest working on a consent judgment of divorce and file it all at the same time so you don't fall into this trap again.
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