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tkirk3695

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

I had a lawyer draaw up divorce papers back in july. I have prayed a ton about it. Have realized this is not what I want. I told this to my attorney, and she said well you asked for you have to sign it. so i signed it and my ex signed it. I have been putting off filing it because i don't want it. I have refused to pay the filing fees. now someone ele on my ex's family has paid them but i still don't want it and it has not been sent in they are in my file still. Can I contest it now? I mean the papers we sign were drawed up by my wifes attorney. I just don't want it. I jumped without thinking. I am hoping if I can contest it we can get ordered to go to counseling. my attorney is not for this idea. any help? please
 


Zephyr

Senior Member
mmm...you should talk to your wife and see if she feels the same way, if she doesn't...the divorce will happen, with or without your cooperation
 

mistoffolees

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

I had a lawyer draaw up divorce papers back in july. I have prayed a ton about it. Have realized this is not what I want. I told this to my attorney, and she said well you asked for you have to sign it. so i signed it and my ex signed it. I have been putting off filing it because i don't want it. I have refused to pay the filing fees. now someone ele on my ex's family has paid them but i still don't want it and it has not been sent in they are in my file still. Can I contest it now? I mean the papers we sign were drawed up by my wifes attorney. I just don't want it. I jumped without thinking. I am hoping if I can contest it we can get ordered to go to counseling. my attorney is not for this idea. any help? please
You are able to change anything you asked the court for until the final decree is issued. So you can legally withdraw the filing if you are the one who filed it. If, OTOH, your stbx is the one who filed it, only she can withdraw the filing.

But if your wife wants to be divorced, you're going to be divorced unless she changes her mind. So your option is to have an amicable divorce or fight it - which will cost you and her a lot more time and money and create a lot of ill will.

I concur with the suggestion to talk with her. If she wants to stay married, it's easy to withdraw the filing. If she wants to be divorced, then it's going to happen.

I'm concerned that your attorney told you that you had to sign. Unless that's an inaccurate paraphrase of what the attorney said, she's offering bad advice. You have the right to withdraw any documents you've filed. Just because you filed initially doesn't mean you lose the right to change your mind. Either you misunderstood her or she's giving you very bad advice.
 

LdiJ

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

I had a lawyer draaw up divorce papers back in july. I have prayed a ton about it. Have realized this is not what I want. I told this to my attorney, and she said well you asked for you have to sign it. so i signed it and my ex signed it. I have been putting off filing it because i don't want it. I have refused to pay the filing fees. now someone ele on my ex's family has paid them but i still don't want it and it has not been sent in they are in my file still. Can I contest it now? I mean the papers we sign were drawed up by my wifes attorney. I just don't want it. I jumped without thinking. I am hoping if I can contest it we can get ordered to go to counseling. my attorney is not for this idea. any help? please
To add to what the others said, a judge will not order the two of you to attend marriage counseling. A judge does not have the authority to do that. A judge can order co-parent counseling or family counseling designed to reduce the impact of a divorce upon any minor children, but a judge cannot order marriage counseling.
 

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