Naveen (Creator) 25 March 2010

Mutual consent – both party can’t appear for second hearing

We are working in USA. We have decided to file mutual consent divorce petition on 10^th May 2010. All our disputes and property matters are settled with the help of relatives and both of us agreed for the same. Ours is the love marriage. Eventhough we don’t have any problem in order to keep the both family values and reputations we are going to depart. I have a simple question now. I hearted from some sources that after filling the divorce the honorable judge will give us the date to appear for second hearing after six months. Due to some settlement matter we both are not going to appear for second hearing on the given date since its going to fall within six months itself. But our decision for divorce unchanged and we have to file the same on the above mentioned date. The earliest we can attend for second hearing is atleast after 10 months from the date of first hearing.

Is it possible to request the honorable judge to fix the date after 10 months or if the date is fixed, is it possible to appeal for another date? Will it leads to any legal consequences if not appearing on the specified date? Kindly advice.

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3 Replies

Guest (Guest) 25 March 2010

No problem. The first date is called first motion. The second motion must be after 6 months before 18 (eighteen) months of the date of first motion. You are asking the date after 10 months, it is permissible and the hon'ble judge has to accommodate you. You both can ask the even exact date after 10 months, which would be convenient to both of you and that must be a working day for the court. If already the date is fixed, move a joint application for change of date convenient to both of you and the judge would allow it.