QUESTION
When filing for a divorce can you request that your spouse participate in marital counseling first?
Asked on Oct 17th, 2013 on Divorce - Rhode Island
More details to this question:
My husband has been accusing me of being unfaithful during our marriage. We sought counseling and it was determined that he was bipolar and needed medication. He refuses to take the medication and quit participating in counseling. Can the judge order him to participate before granting the divorce?
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Yours is a legitimate request but the decision is up to the Judge. Most Judges will only order one session, if it works additional sessions are voluntary.
Answered on Oct 17th, 2013 at 4:34 PM
No, you can not force the other party into counseling. Even if you could it would do no good as counseling works only with willing individuals.
Answered on Oct 17th, 2013 at 4:31 PM
You can request it but the court cannot order marriage counseling because it violates the First Amendment's freedom of association provision. I urge you to ask.
Answered on Oct 17th, 2013 at 11:29 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, typically the answer is no you cannot. To force someone to go to counseling is generally considered a violation of their constitutional right to privacy.
Answered on Oct 17th, 2013 at 10:46 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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No, the judge won't order marriage counseling. However, if you have children and you are not getting along, for the sake of the children's best interest, the judge may order co-parenting classes or even family therapy in order to figure out how to co-parent and help the children through the divorce process.
Answered on Oct 17th, 2013 at 10:38 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can ask and some judges may order it. However, it is doubtful because the wise judges know that counseling only works if the party is a willing participant. If your husband doesn't want to do it, no amount of attendance will help him.
Answered on Oct 17th, 2013 at 10:15 AM