Can I postpone a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I postpone a divorce?

My husband has just been locked up on a 4 year sentence. I think he is having a break down or just

thinking way to hard but he was fine the first week now he’s saying he is filing for divorce. I don’t feel

this is the right time even if we both wanted to do so. I would want to do counseling and try to fix things. Can I contest it or just not show up to keep it from happening? At least until he is out and we can be face to face when the choice is made.

Asked on November 18, 2017 under Family Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that even if you don't want the divorce, your husband can file for one anyway. He can be granted a "divorce by default", in the event that you do not answer the his divorce complaint and take part in the process. Typically, when granted it is on the terms that the pertitioner (i.e. your husband) requests.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your situation and for your husband. The quick answer to this question is no, you can not stop your husband if you want a divorce and he does not.  The court will grant him one over your ibjections.  However, if you feel you husband is having some kind of mental breakdown perhaps you should speak with a lawyer about becoming his guardian or convservator to get him help if he will not help himself.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption