Fotis Dulos has filed to stop the divorce proceedings between him and Jennifer Dulos, the New Canaan mother who has been missing more than a month.

The motion says "proceeding in any manner without the Plaintiff deprives the Defendant of his due process rights of cross-examination and his ability to conduct discovery from the Plaintiff."

MORE: Judge allows girlfriend of estranged husband of missing New Canaan woman to leave the state 

Fotis Dulos and his girlfriend Michelle Troconis are both charged with evidence tampering and hindering prosecution in connection to Jennifer Dulos' disappearance.

“Obviously, Fotis wants to see his children. We will address that in due course. In the meantime, we do not see how the divorce action can fairly and equitably proceed in her absence," said Norm Pattis, attorney for Fotis Dulos. Her counsel continues to chest thump in the apparent absence of a client. We are asking the court to stop the wasteful charade.”  

Earlier, a judge granted permission for Troconis to leave the state. She had requested to leave Connecticut from June 30 to July 17 to visit a person not connected to the case. Troconis will be under house arrest at the location she is staying and will be monitored by GPS and must return to Connecticut if there are "any problems."  A judge also agreed to a no-contact order between Fotis Dulos and Troconis.

Troconis left the courthouse without commenting. Pattis issued a statement calling on the state to drop the charges against her.

"Michelle provides Fotis a complete alibi for the morning of Ms. Dulos' disappearance," said Pattis. "Yet most likely she will not testify so long as the state presses its meritless claims against her."

Troconis is due back in court July 18. Fotis Dulos returns Aug. 2.