AKMV Can I pay the court fee after the deadline and proceed with the proceedings?
QUESTION
Good day, I filed a petition for divorce and subsequently received a notice to pay the court fee. Unfortunately, due to various circumstances, I forgot about it and the deadline has already expired. Is it possible to pay the fee even after the deadline so that the judicial proceedings can continue? Will I have to file the petition for divorce anew?
ANSWER:
In a situation where you fail to pay the court fee within the time limit specified in the notice, the court may stay the proceedings. However, if you remit this fee prior to the issuance of the decision on the stay of proceedings, the court may accept it and proceed with the case. In such an event, it is not necessary to file a new petition for divorce.
Procedure:
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Payment of the Fee After the Deadline: If you have missed the payment deadline, execute the payment as soon as possible. Until the court issues a decision to stay the proceedings, it is possible that your payment will be accepted and the proceedings will continue.
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Motion to Continue the Proceedings: If the court has already decided to stay the proceedings due to the unpaid fee, you may file a motion to continue the proceedings concurrently with the remittance of the fee. In this case, the court has the discretion to decide whether or not to resume the proceedings.
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Filing a New Petition for Divorce: If the court has definitively stayed the proceedings and does not accept the motion to continue, you will be required to file the petition for divorce again and pay the fee concurrently with the new filing.
We recommend that you contact the court or your legal counsel as soon as possible to inquire about the status of your case and the subsequent steps. Our law firm can assist you with filing the motion and ensure that you comply with all necessary deadlines.
JUDr. Veronika Michalíková, MBA