Caren,

I am licensed to practice in Ohio, but live in TX. I am also not a Family Law attorney, so make sure you consult with a lawyer that practices in the Family Courts. That being said, yes, I believe you do not have to go forward with the Dissolution.

Prior to the filing of a petition for dissolution, the parties must execute a separation agreement that provides for the division of all real and personal property; determines the issue of spousal support (i.e. whether there will or will not be spousal support paid by one spouse to the other and if so, how much); if minor children are involved, it must make provisions for the allocation of parental rights and responsibilities, child support and visitation rights, and; the resolution of any other issues that relate to the marriage that are proper for a separation agreement. The separation agreement must be voluntarily entered into by both parties after full financial disclosure by the parties. Have you signed a Settlement Agreement that addresses all of these issues, including child support?

The separation agreement must be attached to the petition for dissolution. The petition must be signed by both parties and filed with the proper court. Service of process must be made on both parties but is usually accomplished by having the parties sign a waiver of service that is attached to the petition. If this is what WH wants you to go to the attorney for, tell him no.

If I were the attorney, I would want both parties in my office before I filed a Petition for Dissolution to make certain both understand what they are asking for and have agreed to. Be that as it may, some lawyers may not take that approach, so make sure the attorney with whom you consult knows everything that has happened to date.

Even if he attempts to get it all done on his own, after the Petition for Dissolution is filed, a hearing date is set by the court. The hearing date must be not less than 30 days or more than 90 days after the filing of the Petition. At the time of the hearing both parties must be present in court. The testimony of the parties must be presented to satisfy the judge that 1) the parties entered into the separation voluntarily; 2) that they are satisfied with the terms of the agreement; 3) that the agreement is fair; and, 4) that the parties still want to terminate the marriage by way of dissolution. If the judge so finds, a judgment of dissolution will be entered that incorporates the terms of the separation agreement, thus making the separation agreement an order of the court and the marriage will be terminated. If all of these things are present, a judgment of dissolution will be entered that incorporates the terms of the separation agreement, thus making the separation agreement an order of the court and the marriage will be terminated. Notice what I highlighted in bold print...that is another out for you - you can go to court and tell the judge, "no, I changed my mind, I don't want a divorce and rescind my agreement."

Hope this helps. Again, do not go to attorney with WH, tomorrow, and make sure you consult with a family law attorney.

Just a non-lawyer thought - where are the papers you signed right now? If your WH has them, take the originals from him and put them somewhere he can't get them. If he does not have them at home, call the attorney he wants you to go see first thing in the morning and tell the attorney that you signed them and have changed your mind - you do not agree to any of it and do not want a Dissolution or Divorce. That should make any attorney stop in his tracks.