mandagayle
newbie
Reged: 07/31/07
Posts: 28
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my husband had several affairs so i left him. he moved in with his pregnant g/f so i filed adultry on him. we tried to work out a divorce several times but can't. after some time i moved in with someone so i don't think the adultry thing will work, so how do i get rid of him?? he won't agree, and now i don't think i have grounds
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Melody
Carpal \'Tunnel

Reged: 06/02/04
Posts: 10102
Loc: California
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Can't you just file a 'no fault' or 'irreconcilable differences' divorce?
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mandagayle
newbie
Reged: 07/31/07
Posts: 28
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it has no fault (mississippi) but he won't agree to anything unless i ask for nothing. none of our propery, value of 3 vehicles, no medical bill reimbursement, no medical insurance for our 2 kids, no back child support. basically i can have the kids and thats it.
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matart1
Carpal \'Tunnel
Reged: 09/01/05
Posts: 2798
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so what if he does not want the divorce - you were probably doing good with your divorce until you moved you and the kids in with another man before you cleaned up what was going on with your marriage - kind of a poor choice in many ways but to each their own....
regardless, it takes 2 to marry and 1 to divorce.
file whatever way you have an option to use now and take your chances in court.
each of you are responsible for the choices you have made.
therefore there will be a division of assets and debt.
a smart move on your behalf is not to rely on another person to provide medical insurance, both of you should provide if you are interested in the children's health.
if you already have a court order for child support then he will have arrears building for nonpayment - if you have no court order there is no back child support.
it would be highly recommended that you seek a lawyer and get your marriage worked out before moving into another relationship and compounding things into a bigger mess...
-------------------- Life is a long lesson in humility.
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Melody
Carpal \'Tunnel

Reged: 06/02/04
Posts: 10102
Loc: California
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Just file a regular no fault divorce...no grounds needed...and if he doesn't want to agree to anything, then it will go to the judge and the judge will rule on any issues that are in dispute (property, support, etc)
He doesn't have to agree to anything, he can insist on having things his way only...but that won't stop the divorce...OR mean that he will get his way.
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mandagayle
newbie
Reged: 07/31/07
Posts: 28
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he filed on 1) adultry 2) cruel and inhumane treatment and 3) irr. differences. think that'll cover it?
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mandagayle
newbie
Reged: 07/31/07
Posts: 28
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i mean we filed not he.
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Melody
Carpal \'Tunnel

Reged: 06/02/04
Posts: 10102
Loc: California
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the adultery is out because you BOTH committed it. What I don't understand is why you are bothering to file grounds? If you are in a no-fault state, then you just file and you get it...no need to PROVE anything, which is what "fault" or grounds would mean.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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Quote:
the adultery is out because you BOTH committed it. What I don't understand is why you are bothering to file grounds? If you are in a no-fault state, then you just file and you get it...no need to PROVE anything, which is what "fault" or grounds would mean.
That may not be true. It's not like she walked out like he did for another person.
She is better off discussing the issue with an attorney in her area who would be able to definitively answer her question.
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Melody
Carpal \'Tunnel

Reged: 06/02/04
Posts: 10102
Loc: California
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isn't that what everyone here should do? DUH!
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