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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My wife and I were married in August of 2006.This was after ...

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My wife and I were married in August of 2006.This was after being together for 17 years.In July of 2007 she asked me to move out.It was her house.I moved back into my old house with my son and his family.There was no grounds for divorce.No abuse,no adultery nothing.that she can claim I did.She just says she never wanted to get married.She said she wants a divorce.I don't want a divorce.She will not go to counceling.I will not sign any papers because I feel she should at least try counceling.If that didn't work then I would sign.I feel that if I sign that she will then tell people that we agreed to it.If I don't sign than all the guilt is on her.I just found out that she is going to wait till July and serve me with divorce papers charging me with abandonement,even though she asked me to leave.What can or what should I do when this happens.I forgot to mention that I hae Parkinsens disease.I've had it for 11 years and she has been ther for it but I think living with it 24 hrs was to much
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your question.

1) Unfortunately counseling is not a requirement before a divorce can be sustained. Even if you object to service of the divorce and even if you fail to respond to the divorce petition, she can simply move for a default judgment on the divorce, if she can should reasonable efforts in getting you served. In other words, your consent is not required to have a default divorce judgment entered into her favor.

2) As to the grounds for divorce, she bears the burden of proof to demonstrate cause for the divorce. If she is claiming abandonment, then you will need to object to her allegations for a fault divorce. You will need to demonstrate that she was the one who asked you to leave. When you are served with these papers, if you want to object, you will need to respond and set the record straight.

I believe I have answered your questions, if I have missed something, please let me know.


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Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 8 years ago.
Reply toCustomers Post: When she files for the divorce papers and I am served how long does she have to wait till the divorce is granted if i dont sign
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply.

You are given 30 days (plus 3 to 5 days for mailing) to provide an answer to the petition for divorce. If there is no reply, then she motions for a default judgment.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 8 years ago.
Reply toCustomers Post: I only left the house because she asked me.Yes I moved out but she really left me.The assets we had are already divided back to what we each had.I know its stupid but when I tell the court that I didn't walk out ,that she asked me to leave can I delay the judgement
Expert:  Attorney & Mediator replied 8 years ago.
If you are going to challenge the grounds for the divorce, this will cause a delay because it will require a hearing (typically a trial) for each party to present their position, this is what will cause the delay in issuing the judgment.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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