Legal Question in Family Law in Michigan

Re: pending divorce date

This is something that you two can only decide. Take into consideration any effect the divorce is having on your medical insurance coverage, since he is having surgery.

If you do wish to postpone, simply contact the Judge's clerk and explain the reason for your request (and how long you want it postponed). They may require you or your husband to submit something in writing regarding the request.

In any event, to have your divorce finalized in court, you have to bring the Consent Judgment, signed by both your husband and yourself, to Court and present it to the Judge's clerk prior to putting testimony on the record. Therefore, if your husband has agreed to the terms of the Judgment, and wants you to go ahead with the Court date, then proceed accordingly.

Another matter for consideration is who will be responsible for making any medical decisions on behalf of your husband, should he require that assistance during or after his surgery. If you are already divorce, your rights to make any medical decisions for him are gone, unless he has signed a Durable Medical Power of Attorney which is not contingent upon your divorce.

Sounds like you need to talk to him and see what you two can agree to that works best for your individual situation.

Good luck.