Contested Divorce motion for dismissal

[Journey31189]

My husband up and left me and my nine year old son and filed for divorce based on constructive abandoment. This means not having sex with your spouse for a year. I got my husband on tape saying that we did make love and now I want the whole case dismissed, an I do that??

 

[vrzirn]

You cannot compel someone to remain married to you. If he wants to go he will file for another reason.

 

[Journey31189]

In California, the laws maybe different then those here in NY. In NY, the only grounds for a divorce is constructive abandoment, being in prison or a mental institution or filing for legal seperation for a year or more. Another part of my circumstance that I failed to tell you is that we are broke and I really mean broke. He has a lawyer that charges 260/hr for his services and mine is 200/hr and we have debts, a house, car, plus credit card bills . When we went to court for the pretrial conferece, the judge told us that we were too broke to get a divorce. He might be able to try and file for divorce again but based on what grounds?

 

[vrzirn]

It helps if you follow directions for posting-the ones in RED.
All that money down the drain for attorneys. You already answered your question: he will separate from you for a year. As for the tape, is it dated? He will claim it is 5 years old.