Family Law Questions? Ask a Family Lawyer Online.
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Did you already cash the check, so that he cannot stop payment?
Is it possible to marriage can be saved through counseling?
how old are the kids?
Are the kids happy about the divorce?
I am having technical trouble
Yes, I cashed the check. Marriage counseling last year. Definitely a irretrievable breakdown. Kids are 5,6,6,11. They don't really know anything except daddy doesn't live with us anymore.
Ok, thanks. To answer your question he cannot legally force you to stay in the marriage even with the signed agreement as that is coercion. He doesn't have to agree to a separation agreement however and if you two cannot agree on the issues, then the court will have to make the decisions for you. I asked about the kids because you do not want in the future for him to show the kids the agreement you signed and tell them he wanted to be with them/you/the family and you decided to end the marriage and use that to turn the kids against you.
Most kids want to see their parents together and if you can stomach going through counseling one more time for the sake of the kids you can at least truthfully tell them you tried everything. You can just not file anything else in divorce court and the petition will just sit there and you won't have to withdraw it. I am not advocating you do anything or don't do anything but as a lawyer who has seen how kids can react if they blame one parent for a divorce, I would hate to have him use that against you with your own kids. I hope this helps clarify.
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