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Joined: Nov 2004
Posts: 107
Member
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OP
Member
Joined: Nov 2004
Posts: 107 |
Morning,
Me and the stbxw had our trial date postponed til the 25th of October.
Spoke with atty last week. Two of his clients went before our judge and had their divorces denied!
We are in NY which is a "fault" state. Therefore, you must prove your grounds before you can be legally divorced.
Our judge proclaims he is married 42 years with 8 kids and a ton of grandkids. He made it clear he does not condone divorce unless it's necessary.
Anyone ever have this happen? If so, what did you do.
I am not the plaintiff, did not want the divorce and most of my wife's complaints are all lies so there's no doubt she'll have to lie on the stand to substantiate it all. She's a bad liar as well.
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Joined: Sep 2005
Posts: 16
Junior Member
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Junior Member
Joined: Sep 2005
Posts: 16 |
I wish this would happen to me. IA is no fault. He came home one day a different man, refuses counseling and has a married girlfriend with 4 kids. I should be the one filing!!!
"You can't fall off the floor"
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Joined: Jul 2003
Posts: 1,195
Member
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Member
Joined: Jul 2003
Posts: 1,195 |
Do you know if you are bound by NY laws? Maybe you could go to another state. What does this judge think is going to happen when he denies the divorce? I guess the only other thing you could do is legal separation, then after some time has passed try again.
Waiting for dawn... ...but not afraid of the dark.
DDay: Sept 26, 2004 Moved out: Dec 16, 2004 D Final: Oct 10, 2006
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Joined: Nov 2004
Posts: 107
Member
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OP
Member
Joined: Nov 2004
Posts: 107 |
DV,
The way around it is to go to a neighboring state that has no fault divorce, establish residency, then file there. A pretty daunting task, don't you think?
The alternative to that is to legally separate like you say, wait one year, then file for the D.
My W actually tried to convince me to the LS with the stip that I keep paying all the bills, like I have been for the past year. With that, she claims she would have me back home for dinner, or spend a night or two (against the rules of legal separation), and see if we can work on our marriage.
I had to renege because I cannot sustain the finances (we have 3 kids, she don't work, nor does she want to). It was either work on the marriage and MAKE IT WORK, or continue with the D. So, we go back to court on the 25th.
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