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  #1  
Old 04-11-2000, 02:15 AM
lost cause
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Situation: Wife will do anything to not let husband have divorce and will try to delay divorce and property settlement indefinitely for revenge. She has nothing better to do and won't settle....She will want to go to court as far in the future as possible, convinced by her attorneys she will come out ahead this way. She has a number of bogus charges that she can't prove...and needs to be stopped. Help.....

Questions:

1. Is there any way a spouse can prevent a divorce, if one has filed a legal separation and waited the 6-month period in Louisiana? What if the divorce is contested (i.e. the spouse's attorney has even contested the other party has been living apart for 6 months and other bogus charges)?

2. What can the husband do to protect himself from not having the divorce become final as soon as possible? What if the wife is out of the country on the 6-month separation date as an avoidance ploy? How to get around this?

3. Can the divorce become final even though community property and alimony are not decided?

4. Is there a limit to the amount of time a husband must pay temporary alimony until a court date is set for community property and permanent alimony to be decided....or could this go on for years by motions and delays? How can he protect himself and get this decided ASAP?


  #2  
Old 04-11-2000, 03:46 AM
Tracey
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Husband should go out an hire a kick-*ss divorce attorney and tell him/her to play hardball.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
  #3  
Old 04-11-2000, 04:26 PM
Josette
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I feel for you...one thing in your favor -- you don't live in PA. There is a 2 year wating period. My friend's wife is doing the same thing. Tracy is right...get an aggressive attorney -- it's the only way you can fight this since the law seems to give the wives all the ammo...


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lost cause:
[b]Situation: Wife will do anything to not let husband have divorce and will try to delay divorce and property settlement indefinitely for revenge. She has nothing better to do and won't settle....She will want to go to court as far in the future as possible, convinced by her attorneys she will come out ahead this way. She has a number of bogus charges that she can't prove...and needs to be stopped. Help.....

Questions:

1. Is there any way a spouse can prevent a divorce, if one has filed a legal separation and waited the 6-month period in Louisiana? What if the divorce is contested (i.e. the spouse's attorney has even contested the other party has been living apart for 6 months and other bogus charges)?

2. What can the husband do to protect himself from not having the divorce become final as soon as possible? What if the wife is out of the country on the 6-month separation date as an avoidance ploy? How to get around this?

3. Can the divorce become final even though community property and alimony are not decided?

4. Is there a limit to the amount of time a husband must pay temporary alimony until a court date is set for community property and permanent alimony to be decided....or could this go on for years by motions and delays? How can he protect himself and get this decided ASAP?

[/b]<HR></BLOCKQUOTE>

  #4  
Old 04-12-2000, 08:55 AM
JEP98
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Red face

Went thru this myself. You don't say where you are in LA-I was near N.O. If you originally filed for divorce and 6 mo. is up, take it to court. They'll have to prove, without a doubt, that there is a reason to stop it. Make sure you have people that can be witnesses for you. I NEVER had a property settlement. Child custody was settled about 1 year before the divorce. (My ex tried to fight the divorce. I could not afford an attorney at the time.) Alimony was stopped way before the divorce was final. Child support goes thru Support Enforcement. In LA everything seems to be done seperatly! Just get a good attorney and go for it.
 



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