• 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.

Can divorce proceed without consent

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

sassydh

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? PA

My husband walked out the door Sept 2004 and filed for divorce Oct 2004. He and his attorney turned what could have been an agreeable divorce into my nightmare! He was advised to not pay any bills after he left, the issue of alimony pendente lite was drug out for 8 months, in Jan 2005 he filed for bankruptcy (he makes good money), our home is in foreclosure,he filed federal income tax returns claiming my son from prior my marriage as his dependent (he wouldn't file jointly), etc. He basically set out to destroy me (and has been doing a real good job) which has been mind boggling as I'm the injured party. I am on disability and was finally awarded alimony pendente lite in May 2005. I was unable to continue with a lawyer due to my financial circumstances and attended the "alimony pendente lite" hearing without a lawyer. His lawyer is very aggressive including making false statements at this hearing regarding his bankruptcy and my being "invited" to participate in the bankruptcy. I received a letter today from his attorney informing to sign the legal documents to proceed with the divorce by giving my consent. The attorney goes on to state that if I do not that she and my husband will petition the court to grant the divorce without my consent and they will proceed to request that alimony pendente lite be terminated immediately. The attorney goes on to suggest that I get a new lawyer. My guess is that they want me to utilize any funds I have for a lawyer which I am unable to do yet as I have to find a new home for myself and my son as the house goes up for Sheriff Sale Nov 10. Can they force me to sign these papers and/or can the court grant the divorce prior to the two year period without my consent? Can my alimony pendente lite be terminated because I am unwilling to consent to the divorce? My husband does not have grounds for a fault divorce although this lawyer goes on to state "alleged misbehaviors" on my part which are false that have supposedly occured since our separation. However, I wouldn't put anything past this attorney. Fortunately, I have records that will prove that the reasons for our marriage dissolving lay firmly at my husband's feet. I was told by my original attorney that I would need to let the two year time period elapse for reasons of support.
 


LdiJ

Senior Member
sassydh said:
What is the name of your state?What is the name of your state?What is the name of your state? PA

My husband walked out the door Sept 2004 and filed for divorce Oct 2004. He and his attorney turned what could have been an agreeable divorce into my nightmare! He was advised to not pay any bills after he left, the issue of alimony pendente lite was drug out for 8 months, in Jan 2005 he filed for bankruptcy (he makes good money), our home is in foreclosure,he filed federal income tax returns claiming my son from prior my marriage as his dependent (he wouldn't file jointly), etc. He basically set out to destroy me (and has been doing a real good job) which has been mind boggling as I'm the injured party. I am on disability and was finally awarded alimony pendente lite in May 2005. I was unable to continue with a lawyer due to my financial circumstances and attended the "alimony pendente lite" hearing without a lawyer. His lawyer is very aggressive including making false statements at this hearing regarding his bankruptcy and my being "invited" to participate in the bankruptcy. I received a letter today from his attorney informing to sign the legal documents to proceed with the divorce by giving my consent. The attorney goes on to state that if I do not that she and my husband will petition the court to grant the divorce without my consent and they will proceed to request that alimony pendente lite be terminated immediately. The attorney goes on to suggest that I get a new lawyer. My guess is that they want me to utilize any funds I have for a lawyer which I am unable to do yet as I have to find a new home for myself and my son as the house goes up for Sheriff Sale Nov 10. Can they force me to sign these papers and/or can the court grant the divorce prior to the two year period without my consent? Can my alimony pendente lite be terminated because I am unwilling to consent to the divorce? My husband does not have grounds for a fault divorce although this lawyer goes on to state "alleged misbehaviors" on my part which are false that have supposedly occured since our separation. However, I wouldn't put anything past this attorney. Fortunately, I have records that will prove that the reasons for our marriage dissolving lay firmly at my husband's feet. I was told by my original attorney that I would need to let the two year time period elapse for reasons of support.
His attorney is trying to pressure you into doing whatever his/her client wants. That is his/her job. The reason why he/she can do that is because you don't have an attorney to act as a "buffer".

Can they force you to sign any papers? Absolutely not. Can they convince a judge to order what they want without your agreement?...maybe...maybe not. That completely depends on the facts of the case. However, you can pretty much bank on the fact that anything that his attorney tries to pressure you to do, is not in your best interest.

As far as the income tax issue is concerned....and the claiming of your son as a dependent.....If you had an income for the tax year in question, and you and he were separated and not together....then he would have had no legal basis through the tax code to claim your son. (If I understood correctly that your son was yours from a former marriage).

You may have tried to claim your son as a dependent via an electronic filing and got denied because he had already claimed your son. You may have thought that meant that you couldn't claim your son. INCORRECT.

What that meant was that you should have filed a paper return....and that the IRS would have given you your refund and then eventually investigated the matter.

Go talk to a tax preparer. If he took your son as a dependent for a tax year when he didn't have the right to do so...you can still challenge that by filing an amended return. If he was in the wrong the IRS WILL make him pay back the refund, and will give you what you should have recieved. In all reality...there is very little chance that he would have been legally entitled to claim your son as a dependent, without your consent.
 

Find the Right Lawyer for Your Legal Issue!

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