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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37968
Experience:  Retired (mostly)
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Family Law

what can i do to delay divorce proceedings initiated by my wife

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Submitted: 8 years ago.
Category: Family Law
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replied 8 years ago.

Not much. You can ask for a continuance of a hearing if the goal is to obtain legal representation. Otherwise, the court will permit things to move along and you'll have to keep up.

Not sure why you want to delay things, anyway. Once a woman files for divorce, the marriage is over. Women tend to leave a relationship emotionally, long before they leave it physically. So if your spouse has filed for divorce, it probably means she decided to do it over a year prior to filing.

That's my personal experience.

Customer reply replied 8 years ago.
what if my religious beliefs prevent me from participating in a process that is destructive to my family
socrateaser, Lawyer replied 8 years ago.

The court cannot consider your theological convictions, except as they may bear upon your desires in raisng children. You are entitled to believe whatever you wish, but the law requires absolute neutrality concerning religion, and it accomplishes this by refusing to entertain any discussion of religious matters in court.

So, you need to get it into your head that you will have to put your religion aside so that you can deal with the reality that your marriage is ending and you must protect your legal rights or lose them to your spouse -- who is now your opponent.

Customer reply replied 8 years ago.
is there any defense i can use to buy time can i pettion the judge?
socrateaser, Lawyer replied 8 years ago.

You can request a continuance of a hearing. You can also initiate discovery. You can request a custody evaluation for the kids and a vocational evaluation if your spouse is employable but hasn't worked during the marriage, or a forensic accounting if there are lots of commingled assets and separate property to account for. All of which will delay the trial and judgment.

However, all of the above is expensive and complicated if you don't have an attorney. In as much as you have stated that you can't afford an attorney, it will be very difficult for you to do any of the things I suggest (except for the continuance, which is only possible based on your facts, so as to permit you time to get an attorney).

 

Customer reply replied 8 years ago.
Reply to socrateaser's Post: this is the last question, you have been very helpfull--What if my doctor says I am to unstable, health wise and psycologicly to go through this
socrateaser, Lawyer replied 8 years ago.
Unless you are admitted to a psychiatric in-patient program, or a physician testifies that you are not mentally competent, there will be no delay. And, even in that case, the court can appoint a Guardian ad Litem to assert your interests in the dissolution, and the case will proceed -- without you.

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