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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 3210
Experience:  Attorney
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I am in the middle of divorcing my spouse and want to

Customer Question

I am in the middle of divorcing my spouse and want to reconcile. But I believe he does not. When the divorce goes to trial will the judge ask if there is a chance of reconciliation? And if I say yes,will the judge recommend marriage counseling for both of us?Even if my spouse'always no?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Alabama
JA: Have you talked to a lawyer yet?
Customer: Yes, k have a lawyer. I'm the one who filed for the divorce
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Family Law
Expert:  Bill Attorney replied 11 months ago.

Dear Customer ,

Thank You for posting your family law question today. I'm attorney Bill assisting you.

The petitioning spouse has a right to withdraw their petition within the initial 20 days of filing their petition; however after a complaint for divorce is served on the other spouse a discontinuance becomes only possible upon mutual agreement of both parties by both you and your husband agreeing to a stipulation withdrawing the divorce complaint.

Under Alabama no fault divorce law the judge can ask whether there is a chance of reconciliation and will do so to satisfy the granting of a divorce.

The court has the power to grant a divorce when:

"9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family."

So the court will inquire into future attempts at reconciliation and whether counseling could assist.

We are here to help, so please follow up with me as required.

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Attorney Bill