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My husband just gave me the divorce papers yesterday. We have been married for 16 years and this is not what I want. He earned all the money, has a pension, and retirement. We have 2 grown children. How am I supposed to deal with all this? Is there anyway that I can stop it?
12 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No you can not stop the divorce, but you can ascertain your rights to a portion of the assets (retirement, pension etc). Obviously you were together for more than 16 years if you have two grown children. The court can look at the whole cohabitation period for the purpose of dividing assets.
Answered on Apr 30th, 2015 at 3:09 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I already addressed this in your earlier post.
Answered on Apr 30th, 2015 at 3:02 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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As long as he has met the requirements of (1) being separated for more than 1 year and (2) intending that the separation be permanent, you cannot stop the divorce. It is extremely important, however, that if you have property issues or alimony issues or other support issues, that you have either resolved them in a separation agreement or Court order OR you have filed a lawsuit for equitable distribution and alimony BEFORE a divorce judgment has been entered. If you don't have an equitable distribution and/or alimony claim pending when a divorce judgment is entered, you lose the right to make those claims forever.
Answered on Apr 28th, 2015 at 9:40 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In Florida, if one party wants a divorce, there is nothing the other person can do to stop it. You can delay it, but not stop it. You should consult with an attorney.
Answered on Apr 27th, 2015 at 9:19 AM
In California there is no way you can stop the divorce but you are entitled to one-half of everything acquired during your marriage. I strongly urge you to see an experienced family law attorney immediately to protect your rights. Good luck.
Answered on Apr 27th, 2015 at 7:23 AM
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You cannot stop a divorce or force your spouse to stay married. However, Nebraska is a community property state and you absolutely should consult with an experienced family law attorney about your rights and responsibilities during the process. Best wishes.
Answered on Apr 27th, 2015 at 6:52 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is very hard to oppose a divorce in Wisconsin. If one party says the marriage is over, how can the other spouse say it is not? You could suggest counseling to your husband. At the same time you two could stipulate to the court that you want a 90-day suspension of the case so you can try reconciliation. If you are in Wisconsin or another marital (= community) property state, you are presumed to be entitled to one-half of the property acquired during the marriage. You'd be well-advised to find an experienced family lawyer. Our firm, along with many others in this area, has represented spouses in very many divorces.
Answered on Apr 24th, 2015 at 9:49 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You cannot prevent a divorce from being granted if that is what one side wants. Your goal should be to get everything you are entitled to receive (spousal support, half the assets, etc.). A good attorney can help you through this process.
Answered on Apr 24th, 2015 at 9:49 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need to see an attorney ASAP. If the case was filed you must file a Counter-Petition or you may forfeit your interests.
Answered on Apr 24th, 2015 at 9:45 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You cannot stop the divorce but you can get a portion (probably 1/;2) of the assets that were acquired during your marriage, including his pension and retirement.
Answered on Apr 24th, 2015 at 9:44 AM
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In New Jersey, it only takes one person to get divorced. So even if you are not going along with the process, he can proceed without you. That is usually a disaster and not recommended. I suggest you schedule a consultation and get all of your questions answered so you are not proceeding blindly.
Answered on Apr 24th, 2015 at 8:07 AM
There is no way you can ?stop' the divorce, but you can fight for what you are entitled to. After 16 years of marriage, you are entitled to Alimony, 1/2 the property, including real estate, 16 years of pension, 16 years of retirement, auto?s, etc.. My suggestion is that you have a consolation with a Family Law attorney to figure out how to proceed.
Answered on Apr 24th, 2015 at 7:35 AM