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My husband moved out last September. He left me with our 4

My husband moved out last...
My husband moved out last September. He left me with our 4 children and no money. I filed for divorce the following May. During that time, I had no help with the children--no form of child support, and ended up having to apply for services. Since that time, I have moved into a new place. I got behind on rent and asked for help. He agreed to help, wrote me a check for $6000 to pay my back rent to keep me from being evicted. He said that it came with conditions. He made me sign a paper that said in exchange for the $6,000 rent payment that I would 1) agree to couple and family therapy with our children and 2) withdraw my complaint for divorce. I feel like I am being trapped in the marriage. He is refusing to agree to a separation agreement and says he doesn't want a divorce. Can he legally do that? I have no intention of withdrawing my complaint for divorce.
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10/7/2013
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
Verified

Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

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?

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Customer reply replied 4 years ago

I am having technical trouble

Customer reply replied 4 years ago

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.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!

GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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GeorgetownLawyr
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
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Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti

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