MrsCarls
recently joined
Reged: 12/21/08
Posts: 3
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Ok so in November I filed for a divorce from my husband. He just got back from Iraq in July and we have been having problems since April. I couldn't handle the ignoring and verbal abuse any longer. It seems like right when we give up that is when he wants to keep me. Well I moved from California to New York last week to try and make things work. Things are going very well. We are still waiting til march when the divorce is final to say if we are going to stay together or not. I just have a quick question. Okay: When I filed, I filed in Cali. I am now in New York and have not served him. If I don't serve him is the divorce legal? How do I pull out of the divorce. I want to do it without him knowing. I don't want us to try and work on things just becuase he doesn't want to pay the money that is owed to me since we have been married. I don't want March to get here and he be like see ya sucker and leave me with nothing. So if I pull out of the divorce and march comes around and he says that, then I can tell him we have to refile. Kind of stuck on what to do. I trust him and things have been going really well. Just want to back out of the divorce. Any suggestions?
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SuferingMisandry
member
Reged: 02/09/08
Posts: 124
Loc: ME
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I am confused with your posting.
You state you filed, but you did not state that a judge granted the divorce. If a judge has not granted the divorce, there is no divorce.
If you filed and he did not get his copies of the filing and if a judge ordered the divorce because you somehow were able to lie to the judge stating that he received the filing, then perjury and fraud is involved on your behalf.
If he got the filing copies, the judge ordered the divorce and and he never got a copy of the order, the divorce could be contestable, but he would probably not be successful.
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MrsCarls
recently joined
Reged: 12/21/08
Posts: 3
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Sorry I should have been more specific. I filed in November. Court date is set for march 16th next year. I have not served him yet because I don't wan to. Do I have to? I want to change my mind on it. I do have his copies here, and he has seen them. But I have to have someone else serve him. But like I said, I don't want to go through with it so I have not served him yet.
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WADad
newbie
Reged: 10/10/08
Posts: 29
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No, you do not have to serve him.
It will just "diary out" of the court system. But, you should call or write the court to let them know that you do not wish to continue the divorce.
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