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#759356 - 02/20/13 01:37 AM Wife trying to make me stay
Bdp1987 Offline

recently joined

Registered: 02/20/13
Posts: 1
My wife agreed to a divorce but now after talking to her attorney friend, she wants to do counseling and if I don't she'll file a motion to make me stay. Is this possible??? Also it was brought to my attention that she slept with her ex. Hence the reason I want divorce. I have a email from him stating what happened and when. Is that enough for adultry??? Please help. Thanks...

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#759357 - 02/21/13 12:33 AM Re: Wife trying to make me stay [Re: Bdp1987]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 791
File for no fault divorce. She can't stop it.

You need an attorney.

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#759358 - 03/23/13 05:24 PM Re: Wife trying to make me stay [Re: MinnesotaMom]
javajunkiee Offline
Carpal \'Tunnel

Registered: 06/02/08
Posts: 3200
Loc: SC
First things first - do NOT sleep with her again or give her evidence that you are willing to reconcile! SC has something called "condonation", which basically says that if one party agrees to attempt reconciliation or has sex with the other spouse after finding about the adultery, they have forgiven, or condoned, the adultery and that prior act can't be used in the divorce.

Now for the rest...no one can make you stay married to them. SC is a grounds state, but unless you believe she's going to ask for alimony, custody, or assets, or you want it done in 90 days, there's no point in NOT going no fault.

Deny the counseling during negotiations and at the hearing the judge will ask both of you if you feel the marriage is irrtreivably broken. She will say no, and when the judge asks you, you simply say yes. If,and that's a big *if*, the judge asks why, have a copy of the email in hand that shows the adultery.

No judge is going to force a oouple to stay together. But if you appear to have condoned the adultery you're going to be forced to go no-fault and wait a year. Unless you get proof she's screwed around again.
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