QUESTION

Can I wait 18 months for a no fault divorce?

Asked on Nov 26th, 2012 on Divorce - Colorado
More details to this question:
My husband (50) is an E7 in the army and he is cheating with an O1 (32). The army is doing nothing about it because I m the only one with the proves. (For now, I donโ€™t want to give it to them) He wants a divorce but I don't want it. Can I wait 18 months for a no-fault? Maybe he will come back to me during this time. What should I do? He starts moving stuff out the house to go to PA where she leaves. I just want to wait as long as I can.
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4 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Answered on Apr 15th, 2013 at 6:48 AM

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Dennis P. Mikko
There is no requirement that you file for divorce. You can wait as long as you want. Your husband could file and if he is moving out of state, once he meets the residency requirements there could file in that state. If this were to happen, it would be very inconvenient for you. If he is moving assets out of the home now, the only way to stop him would be to file for a divorce and ask the court, ex parte, for an order to conserve assets and not allow him to move them out of state.
Answered on Nov 30th, 2012 at 6:27 AM

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If you want to drag it out, don't file for divorce. Let him file, then ask for spousal support and attorney fees. If he doesn't want you, he's not worth having.
Answered on Nov 29th, 2012 at 5:09 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You can only wait as long as your husband chooses not to file for divorce. Once he files, you will have to deal with the situation. But, there is nothing he can do to force you to file for the divorce at all. The problem for you, however, is that until someone files for divorce he can pretty much do what he pleases and there is little you can do about it.
Answered on Nov 28th, 2012 at 2:38 PM

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