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Reged: 08/31/07
Posts: 3
Can the judge refuse to grant the divorce?
      #283666 - 08/31/07 01:37 PM

I left my husband earlier this month and filed for divorce as well as a restraining order. Restraining order was granted based upon husband's past abuse to me and my son, which husband does not deny occurred in his response. It's actually the second time I've filed for divorce, the first time was January of this year but I stopped the proceedings to try counseling.

Husband is an alcoholic with a mean temper, but apparently he's started a rehab program since I left and now claims to have seen the light. He wants me back, and filed a response to my divorce petition that he doesn't agree we have any irreconcilable differences. I have police reports documenting physical injuries, death threats to my family, and damage to my property because of this guy.

I don't want to work it out, I don't want to go to counseling (the previous sessions ended with my husband threatening to kill the counselor AND one of my co-workers I was allegedly having an affair with), I never want to talk to this guy again, we don't have any kids and very little community property, which he can have!

Husband is under the impression that the judge will help him save our marriage now that he's supposedly sober. Please tell me this isn't the case...I've already wasted enough of my life on this individual, and have nothing to show for it. I'm not interested in trying to reconcile.

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Carpal \'Tunnel

Reged: 12/31/05
Posts: 10213
Re: Can the judge refuse to grant the divorce? [Re: BMC0403]
      #283883 - 08/31/07 07:46 PM

Once the dissolution petition is in court , a judge can order a 30 day stay if there is a chance of reconciliation . The divorce will continue after the stay if either party requests it .

Careful. We don't want to learn from this.

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