• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My husband is contesting my divorce petition...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Crowbabe74

Junior Member
What is the name of your state (only U.S. law)? Michigan

Michigan is a no fault divorce state, and we have no children together. Our finances are also separated, no joint accounts, and no joint debt. My husband contested the divorce, on the last day that he could legally do so. I am now concerned about what while happen during the hearing. Will I have to get a lawyer? Is this now going to become a long, drawn out trial? I just want the divorce to be granted, so that I can get on with my life.

Sincerely,

Crowbabe74
 


Isis1

Senior Member
well, it might help of you could tell us WHY the husband is contesting the divorce.

it should be in his response.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Michigan

Michigan is a no fault divorce state, and we have no children together. Our finances are also separated, no joint accounts, and no joint debt. My husband contested the divorce, on the last day that he could legally do so. I am now concerned about what while happen during the hearing. Will I have to get a lawyer? Is this now going to become a long, drawn out trial? I just want the divorce to be granted, so that I can get on with my life.

Sincerely,

Crowbabe74
What specifically is he contesting? The property settlement? What does he want that you are not willing to offer?
 

garrula lingua

Senior Member
In some jurisdictions, the Judge may refer the parties to counseling, if one party states that the marriage is reconcilable.
The Court will, eventually, grant the divorce - they may want both parties to agree that the marriage cannot be saved. Some Judges will refer the parties to counseling to ensure that the marriage is damaged past the point of repair.

He should have to explain his position.
If you state there is no possibility of saving the marriage, the Judge may proceed with the divorce, without a referral to counseling.
 

Crowbabe74

Junior Member
Why he's contesting the divorce...

well, it might help of you could tell us WHY the husband is contesting the divorce.
What specifically is he contesting?

Oops, my bad...
He's contesting the divorce because he feels that the medication I am taking as part of my mental health treatment is not working. He feels that if A) I'm on a different medication, and B) we attend couple's counseling, that "our marriage can be saved." What he neglects to mention in his statement is that A) I have not been able to meet with my doctor to discuss his (the husband's) opinion (which I disagree with) since he shared it with me, and B) we have already completed 12 weeks of couple's counseling, which I arranged with no help from him. Long story short, it didn't do any good.


What does he want that you are not willing to offer?


In terms of property division, we seriously do not have any of the traditional assets that get argued over. We never combined our finances ~ bank accounts and so forth ~ and there is no car, house, boat, land, etc...
when it come to personal property division, it's all household goods ~ furniture, the TV (which is nothing to get excited over), etc...except for our two cats. We were arguing over it initially, but have been more civil about it of late.

Beyond that, he wants to stay married to me, and I do not want to stay married to him. He's abusive and controlling, and I do not want to stay with an abusive and controlling person. The marriage has reached a point where there is no possibility of it being healthy and happy.

What I'm not willing to offer is more of my time, effort, and life to trying to repair the breakdown of my marriage...after a year and a half of trying, I have declared myself 'done.'

Some Judges will refer the parties to counseling to ensure that the marriage is damaged past the point of repair.

I can see why they would, but I am thinking that in this situation ~ where we have already been through couple's counseling, and it didn't work, I would hope that we don't get sent to go through more.

If this is 'snarky', I apologize ~ it's not a happy subject...

Crowbabe74
 

Isis1

Senior Member
i think you've explained yourself fairly well.

so you want the divorce, he doesn't. well. too bad for him. let the judge know you are not interested in counseling. the divorce will happen, it may just take a bit longer than uncontested.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top