Can I postpone a divorce?
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Can I postpone a divorce?
My husband has just been locked up on a 4 year sentence. I think he is having a break down or just
thinking way to hard but he was fine the first week now he’s saying he is filing for divorce. I don’t feel
this is the right time even if we both wanted to do so. I would want to do counseling and try to fix things. Can I contest it or just not show up to keep it from happening? At least until he is out and we can be face to face when the choice is made.
Asked on November 18, 2017 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that even if you don't want the divorce, your husband can file for one anyway. He can be granted a "divorce by default", in the event that you do not answer the his divorce complaint and take part in the process. Typically, when granted it is on the terms that the pertitioner (i.e. your husband) requests.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I am so sorry for your situation and for your husband. The quick answer to this question is no, you can not stop your husband if you want a divorce and he does not. The court will grant him one over your ibjections. However, if you feel you husband is having some kind of mental breakdown perhaps you should speak with a lawyer about becoming his guardian or convservator to get him help if he will not help himself. Good luck.
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