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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36353
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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QUESTION TALK ONLY Besides, she wants us to go to counseling

Customer Question

QUESTION FOR LAW TALK ONLY
Besides, she wants us to go to counseling to restore our relationship. Is this okay ? I don't see our marriage irretrievably broken, neither does she. Her whole point is that she wants a share in my home in FL and I don't agree. She has 3 houses in CT and we live separately most of the time., Having to travel and the costs associated are a nightmare and I don't have health insurance. I have a condition of grand mall seizure under high stress. So if I have a crisis there, I will have to pay for the hospital.
QUESTION : Can I not file a motion to dismiss her case ? That would be a great relief for me because I would file a divorce here in FL. Apparently a motion to transfer venue would not work, because she opposes and I have read that the judges in CT are reluctant.
Submitted: 8 months ago.
Category: Family Law
Expert:  LawTalk replied 8 months ago.

Good afternoon,

Thanks for asking for me.

You asked: Besides, she wants us to go to counseling to restore our relationship. Is this okay ? Actually, under CT law either party of a divorce action may petition the judge for what is known as conciliation and the judge has the ability to order the couple to participate in at least 2 sessions of counseling. Neither party can be forced to reconcile, but the court does have the ability to order the counseling.

Can I not file a motion to dismiss her case ? Well, if your reason for wanting to file a Motion to Dismiss is because you just don't want a divorce, or because you would rather have the divorce heard in a different state---no you cannot do that. CT allows one person in a marriage to decide to end it through divorce and the other person cannot prevent that. The first person to file for divorce and serve the other party determines the state that will hear the divorce.

If she has already filed for divorce in CT and you have been served with the complaint for divorce, then you are stuck with CT as the venue for divorce.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Expert:  LawTalk replied 8 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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