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Old 03-25-2009, 09:50 AM
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when a spouse abandons the divorce action


What is the name of your state (only U.S. law)? NY

I have been in a divorce process for over 2 years, with no legal seperation agreement, yet living apart. My Spouse had filed for the divorce action based on cruel and inhuman treatment. Now the spouse is withdrawing thier action , dragging it on further. I beleive I have to sue my spouse for divorce now. Is there anything to keep the action ongoing, short of me filing a new divorce action? It is my understanding that is difficult fault to prove.What is the name of your state (only U.S. law)? NY
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Old 03-25-2009, 10:12 AM
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Join Date: Dec 2005
Location: Ohio
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Quote:
Originally Posted by longjourney123 View Post
What is the name of your state (only U.S. law)? NY

I have been in a divorce process for over 2 years, with no legal seperation agreement, yet living apart. My Spouse had filed for the divorce action based on cruel and inhuman treatment. Now the spouse is withdrawing thier action , dragging it on further. I beleive I have to sue my spouse for divorce now. Is there anything to keep the action ongoing, short of me filing a new divorce action? It is my understanding that is difficult fault to prove.What is the name of your state (only U.S. law)? NY
Yes you have to sue for divorce. You could have filed a counterclaim on her case. Why didn't you do that?
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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