I am the petitioner in Wisconsin and am about 80 days into my 120 day mandatory waiting period for my divorce. My soon to be ex says he is going to delay the divorce until after his back surgery. We agree on everything... there are no children. I think this is a stall tactic, because he could have the surgery at any time. All I want is to be divorced as quickly as possible. Can he legally delay the process due to this surgery? Help...

Dondea

Its possible because of the recovery period. He has to be allowed to heal. And the courts should be reasonable with it.

Thank you for your answer but I am not entirely convinced that he can "legally" do this since there is really nothing to delay. The marriage is broken, we agree on the division of assets and we are just waiting now for the mandatory 120 period to pass. Perhaps I seem heartless, but I have NO interest in remaining married to this person any longer than necessary. And since I truly see this as a stall tactic that is based on his 'want' to control things, I guess I'll have to plead my case to the judge NOT to grant a delay and see what happens. Just wish I could get a definitive answer.

Thanks again.

Dondea

Here is the problem. If he is representing himself and he is on medical leave then the courts may allow for a waiting period. Another thing is that usually there are some heavy duty meds involved. You don't want something later overturned if he were to say he wasn't aware because of what he was taking. If it goes an additional 30 days that should be acceptable to all parties and not so long to wait to ensure its over once and for all.

You aren't going to get a definitive answer because this is up to the court's discretion. If his doctor will provide testimony or affidavit that he should not delay and will be unable to appear in court, its likely to be granted.

As you say the marriage is broken, everything is agreed on. So how do you suffer from a delay? Are you waiting for the divorce to be final to remarry or some other significant action? Just because you think its being done from spite doesn't mean a court will go along.

Thanks everyone for your input. Unfortunately, even though his surgery is 'elective' and could have been done at any time PREVIOUS to the divorce action, he has decided that this is the time to do it. And with that said... the short answer to my question is "yes...he CAN delay it."

Thanks again.

Dondea