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Divorce action not moving

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LHC

Junior Member
What is the name of your state? Minnesota
I separated from my soon to be ex in 2003 in Georgia. During which time we tried to do the divorce uncontested. He is alcholic and crack addict and hide it well for many years. In fact the Sheriff actually dragged him in one time to try to talk to him about his addiction. In the summer of 2004 after he failed to make several appointments with our family lawyer I was forced to seek other council because he was our family attorney and didn't want the *conflict of interest* to come up. I obtained council and filed for divorce. I was granted full custody of the children and he was granted supervised visitiation right and must submit to drug testing prior to each visitation with the children. After many months we would submit drafts he would agree, then he would fail to show up at his attorneys to sign the papers to finalize them. When he did show up he would want to change something and well I am no closer to a divorce than when I started this in 2003. We have made several attempts to get in front of the judge to make it final however a delay would always happen. During the 2 year course I finally met another man and I moved to Minnesota to continue on with my life. After the move I agreed to even sign over the quick deed to the house but he would always wait a month or so and then change something else. My lawyer and his is very frustrated at this time with the slow movement of the divorce and his attorney at this time rarely if ever responds to him. I assume it is because he has no money to pay her due to his drug use. My lawyer consulted with me this week and he wants me to drop the case in Georgia and refile here in Minnesota as he states we are spinning our wheels and he realizes that my soon to be ex won't financially be able to fight me in another state. Since I have resided here almost 6 months I realize that this might be an option to pursue. However soon to be ex did say he would finally sign the papers if I took out the *Must submit to drug tests* out of the divorce papers and agreed to allow him to have children all summer long except for 2 weeks. Anything less he will not sign he says.
I guess the question is would it be easier for me to simply drop the case and refile up here in Minnesota. Or would it be better to get him to sign the papers according to his wishes and then not allow the kids to go to summer visitation and just take my chances of him taking me back to court for contempt. My lawyer says that it won't be so easy for him to take me back to court if I show an extensive history of drug use and my daughter who is now 11 says she will not go unless he submits to drug testing as she knows the last time she visited he passed out twice. I guess the question is what is the better of the 2 evils?
 


LdiJ

Senior Member
LHC said:
What is the name of your state? Minnesota
I separated from my soon to be ex in 2003 in Georgia. During which time we tried to do the divorce uncontested. He is alcholic and crack addict and hide it well for many years. In fact the Sheriff actually dragged him in one time to try to talk to him about his addiction. In the summer of 2004 after he failed to make several appointments with our family lawyer I was forced to seek other council because he was our family attorney and didn't want the *conflict of interest* to come up. I obtained council and filed for divorce. I was granted full custody of the children and he was granted supervised visitiation right and must submit to drug testing prior to each visitation with the children. After many months we would submit drafts he would agree, then he would fail to show up at his attorneys to sign the papers to finalize them. When he did show up he would want to change something and well I am no closer to a divorce than when I started this in 2003. We have made several attempts to get in front of the judge to make it final however a delay would always happen. During the 2 year course I finally met another man and I moved to Minnesota to continue on with my life. After the move I agreed to even sign over the quick deed to the house but he would always wait a month or so and then change something else. My lawyer and his is very frustrated at this time with the slow movement of the divorce and his attorney at this time rarely if ever responds to him. I assume it is because he has no money to pay her due to his drug use. My lawyer consulted with me this week and he wants me to drop the case in Georgia and refile here in Minnesota as he states we are spinning our wheels and he realizes that my soon to be ex won't financially be able to fight me in another state. Since I have resided here almost 6 months I realize that this might be an option to pursue. However soon to be ex did say he would finally sign the papers if I took out the *Must submit to drug tests* out of the divorce papers and agreed to allow him to have children all summer long except for 2 weeks. Anything less he will not sign he says.
I guess the question is would it be easier for me to simply drop the case and refile up here in Minnesota. Or would it be better to get him to sign the papers according to his wishes and then not allow the kids to go to summer visitation and just take my chances of him taking me back to court for contempt. My lawyer says that it won't be so easy for him to take me back to court if I show an extensive history of drug use and my daughter who is now 11 says she will not go unless he submits to drug testing as she knows the last time she visited he passed out twice. I guess the question is what is the better of the 2 evils?
I think you should listen to your attorney. As soon as you have been in Minnesota for a full six months drop the case in GA and IMMEDIATELY file in Minnesota. Have it planned so that your Minnesota filing takes place the SAME DAY that you dismiss the case in GA.

Don't take the "must submit to drug tests" out of the agreement just to get things over with. I know that you are frustrated but your children's well being is more important than "getting it over with".
 

LHC

Junior Member
I guess now comes another quick question. My boyfriend and I have now been living together for over 5 months and we are closing on a house on the 17th. He shares Joint custody with his ex of his 2 children. His ex has made many threats to file for full custody. I don't think she has a chance and our lawyer agrees with us however she is very controlling and can't accept the fact that he parents differently than her. We allow them to stay up till 9 on weekends and her comment was *I won't allow that and I will file for full custody if you do* She even walked out of mediation stating that it was her way or no way. She has them 4 days, he has them 3. She is not happy with the arrangement and we suggested a week to week joint custody switch in mediation. We would allow her to pick the kids up on the days that are his as she is an RN at the hospital and we bring them back and forth to school, she works nights and normally is driving by our house on her return home and she calls and asks if she can pick them up to save us a trip. We also mentioned that nights that she has them during her week, we would be happy to continue keeping them (we keep them now even if it isn't our day if she works a night shift). We are currently waiting to see if she makes another move towards full custody.
I simply don't want my inability to get divorced be a contributing factor in her being able to open the case. In her letter from her attorney to ours she clearly states that she thinks the world of me and glad I came into her life. She has went to the point of even calling our banker to find out details about the house we acquired which he wouldn't provide information. I think the bottom line is that while she sought the divorce against his wishes, she can't accept the fact that his life continued. I also think it may have something to do with the breakup of her current boyfriend which she had an affair with while she was married.
I would much prefer to file in Minnesota, however my concern is her being able to use my inability to get divorced should we elect to have a child case study done. What are your thoughts on this?
 

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