redred
recently joined
Reged: 12/04/04
Posts: 3
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I began the divorce proceedings two years ago, and at this time I no longer wish for the divorce. I cannot stop the proceedings because I have to keep the child support court ordered - to insure that my children receive their support.
He now wants to finalize the divorce. As the defendant, can he do this? How would he go about it?
This is in California.
I appreciate your insight and input.
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aussie928
old hand
Reged: 10/29/04
Posts: 969
Loc: Dallas
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It really doesnt matter who files.. there are advantages and disadvatages to both...as far as can he go through with it the answer is YES.. most states or no fault and you cant stop someone from getting a divorce.
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Onyx
old hand
Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
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Why dont you want the divorce anymore? Was there a chance of you guys getting back together or something? ::confused::
Blessings, Onyx
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"Don't Make Me Get My Flying Monkeys"
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redred
recently joined
Reged: 12/04/04
Posts: 3
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[quote]Why dont you want the divorce anymore? Was there a chance of you guys getting back together or something? ::confused::
Blessings, Onyx [/quote]
For a couple of reasons: 1) although there is likely no hope in us getting back together, I still like to think so (I have outrageous fantasies about having my nuclear family back together) 2) I dont want to lose my health insurance 3) it pisses of his girlfriend
In the end, I think its mostly that I dont want to face the obvious demise of my marriage.
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Onyx
old hand
Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
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Redred, I am worried about your thought proccess. You can have a normal family... without a spouse. Get a job with health insurance, there are jobs out there with it. You dont work? And spending all of your energy on pissing off his girlfriend couldnt be healthy for you or your kid(s). Get some counseling. This is not normal, or healthy. With all due respect... - Onyx
For a couple of reasons: 1) although there is likely no hope in us getting back together, I still like to think so (I have outrageous fantasies about having my nuclear family back together) 2) I dont want to lose my health insurance 3) it pisses of his girlfriend
In the end, I think its mostly that I dont want to face the obvious demise of my marriage. [/quote]
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"Don't Make Me Get My Flying Monkeys"
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AZRN
member
Reged: 03/22/05
Posts: 151
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I don't think he can finalize the divorce proceedings *you* initiated. I believe he would have to file a petition of his own. Further, after 2 years, I would think your original case has been dismissed for lack of progress. You cannot keep a legal case pending forever, without some activity being made on it... At least, not in Arizona. If a petitioner (who is responsible for moving the case forward) fails to take appropriate action within an established timeframe, the case is dismissed. Then you would have to start all over.
Whatever support orders you have should continue or be renewed with any new petition, whether you file it or he does and you request temporary orders (which is all you have right now anyway). When it comes to child support, these are not usually matters of choice. They are matters of court order regardless of who is the petitioner.
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