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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28020
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husband filed for divorce and we went to mediation and our

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My husband filed for divorce and we went to mediation and our issues over joint legal custody and splitting equity from the family home was not resolved. Now my husband says he will file a petition to stop the divorce because he refuses to let a judge decide how things will be split. Neither of us want to remain married so can he do this? What recourse do I have.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. What your husband is likely trying to do, is voluntarily dismiss the case, since he was the one that filed for divorce. While he may be able to do this, even if you object, it really is not going to solve anything. It would only really delay the process. The reason I say this is because 1) he can not force you to stay married to him and 2) if he does dismiss the case voluntarily, you can go right back the same day and file for divorce yourself, where he will not have a choice. While he may not want the Judge to decide how things will be split, he has no other choice if he is unwilling to settle and negotiate with you. The whole point of mediation is to allow the parties to resolve these issues, without having the Judge get involved. When it is not possible, there is no other choice. As such, if you filed for divorce, assuming he dismisses this, then he could not dismiss your petition and would have to either agree to work with you or let the Judge decide. As I said above, he can not force you to remain married to him and this would only delay the proceedings.

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Hi Denise. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.
I sent a reply. Did you not get ?
I am sorry but it did not appear to go through. If you could please resend it, I would be happy to respond.
Customer: replied 4 years ago.
If he dismisses the divorce as he has stated he would do and I refile (which I would do) my concern is he has stated that he stop paying the mortgage on the family home which he lives and let it go back to the bank.
We are 7 days from the time frame the divorce can be finalized. How can I protect myself if he was to do this in the time frame it would take for our case to start over and to get before a judge?
Thank you for the follow up. If he were to file the motion, you could try and object and bring to the attention of the Judge, the facts surrounding the divorce and the consequences of his actions. If it was dismissed by him, you could always ask the court to re-open it and explain the basis for your actions, as well. It seems like he is just trying to spite you and the situation and once again, would only harm himself. The reason being, is that if he fails to pay the mortgage, the loan will go into default. Once that happens, negative marks will start to appear on his credit report, as well as yours if you are on the loan also and if it is foreclosed on, will remain for roughly 7 years, causing problems to get a loan in the future. If you were to file for divorce or the case were to be re-opened, you could ask that the Judge order that he continue to pay, until a decision is made as to who will retain the home or if it will be sold.
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