QUESTION

What can I do to contest the divorce and attempt to get her to reconcile and save the marriage?

Asked on Aug 20th, 2013 on Divorce - New York
More details to this question:
My wife had been growing distant from me for about 4 weeks. She would not have sex but maybe once a week she would stay out late then one day she came home we made love for her birthday then next day had a nice day then on the 3rd day she decided she wanted to separate. I ended up in the hospital and she did not even come see me. I found out a bunch of lies and deceit and the fact that she did not care her husband was in the hospital for 5 days and her mental instability so far as I love you, I donโ€™t love you and the mind games she tries to play. She wants to divorce but I do not, nothing was bad until she met some people and decided she wanted a different life. What grounds do I have to divorce her so that she does not get everything?
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6 ANSWERS

You seem to be saying two contradictory things: (1) you do not want a divorce, and (2) you do want a divorce but want to protect your property from her. These are complicated matters which cannot be adequately discussed in this form. Contact an experienced family lawyer in your area and tell him or her all the facts.
Answered on Aug 27th, 2013 at 4:52 AM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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California is a no fault state so no actions included in your question would qualify as a reason to prevent your wife from receiving half of the community estate. If one spouse wants a divorce you can only mark a box on the Response that you believe the marriage is not over. Otherwise if your wife wants a divorce there is nothing in the law that will prevent her from moving forward.
Answered on Aug 22nd, 2013 at 10:11 AM

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Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Grounds will not make a difference in Indiana. You can drag your feet in the divorce, but you cannot force attempts at reconciliation.
Answered on Aug 22nd, 2013 at 9:56 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If she doesn't want to reconcile, you cannot reconcile. Won't happen, don't' try. As for the divorce, there is only one type of divorce. There may be different grounds, but they only matter on the margin. For example, if she has been committing adultery, you might be entitled to a little more than half the property, but probably not a lot more. In any event, assuming she just doesn't want to be married to you, you are each entitled to half of the community property and half of the community debt.
Answered on Aug 22nd, 2013 at 9:44 AM

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It's unclear if your goal is to reconcile or to attempt to preclude her from ending the marriage except on your terms financially. You can not compel a person to stay married. If she is intent on terminating the marriage, it will be terminated. It may take longer, it may be more expensive, but the end will come, unless both parties truly desire to reconcile. As to getting everything, that only happens when one side of the equation is so hell bent on getting out of a marriage the party would rather give up most everything than remain in the marriage a day longer than absolutely necessary. Otherwise, marriages end with an equitable division of marital property and debts. If children are involved, custody, support and visitation are also decided.
Answered on Aug 22nd, 2013 at 9:43 AM

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Accident Attorney serving Lagrangeville, NY at Marco Caviglia, Esq.
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If she is resistant to reconciliation and marital counseling, etc., then there is really no grounds for defense if she claims irretrievable breakdown of the marriage (no-fault divorce). If the divorce drags on, meaning it is vigorously contested on the equitable distribution, maintenance, custody , etc., the emotional and financial toll it will take on both of you will make living apart more inviting unfortunately.
Answered on Aug 22nd, 2013 at 9:41 AM

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