Adultery After The Fact???
Question:
Thanks so much Lori. The link you provided actually has the form I need. I looked online through so many other websites and couldn’t find what I wanted. I’m going to keep looking and see if I can download that form for free rather than pay for it. If I can get it for free I’m all about that. Lori,….did Bill swap brains with *you* this time??? ;^) ah ha.. had a feeling they were the same person all along.
She’s the Jekyll side.
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I mean, ikinda knew I had several personalities, but now I think I’ve made a really big leap!! :-)
LOL Thanks for looking that up for Karen, Bill. I was gone for the weekend doing the family Turkey thing. (you really have to stop impersonating me when I’m gone Bill) hehe Blahhh I’m gonna have to mark a ton of posts read and be done with it. Being gone 2 days and now 5 finals to study for I can’t get caught up. So if anyone else asked me something I didn’t reply too, I hope Bill took care of it. ;) Hope you found what you needed Karen. Lori Mc – Hide quoted text — Show quoted text – Thanks so much Lori. The link you provided actually has the form I need. I looked online through so many other websites and couldn’t find what I wanted. I’m going to keep looking and see if I can download that form for free rather than pay for it. If I can get it for free I’m all about that. Thanks again! Karen I found divorce forms online for Colorado. Are you sure you can’t find any for your state, Karen? Maybe this url will help – at least for a start: Let us know. http://www.divorcenet.com/forms/divorce.htm
Response:
Thanks so much Lori. The link you provided actually has the form I need. I looked online through so many other websites and couldn’t find what I wanted. I’m going to keep looking and see if I can download that form for free rather than pay for it. If I can get it for free I’m all about that. Thanks again! Karen – Hide quoted text — Show quoted text – I found divorce forms online for Colorado. Are you sure you can’t find any for your state, Karen? Maybe this url will help – at least for a start: Let us know. http://www.divorcenet.com/forms/divorce.htm
Response:
Thanks so much Lori. The link you provided actually has the form I need. I looked online through so many other websites and couldn’t find what I wanted. I’m going to keep looking and see if I can download that form for free rather than pay for it. If I can get it for free I’m all about that.
Lori,….did Bill swap brains with *you* this time??? ;^) – Hide quoted text — Show quoted text – Thanks again! Karen I found divorce forms online for Colorado. Are you sure you can’t find any for your state, Karen? Maybe this url will help – at least for a start: Let us know. http://www.divorcenet.com/forms/divorce.htm
Response:
I mean, ikinda knew I had several personalities, but now I think I’ve made a really big leap!! :-) – Hide quoted text — Show quoted text – Thanks so much Lori. The link you provided actually has the form I need. I looked online through so many other websites and couldn’t find what I wanted. I’m going to keep looking and see if I can download that form for free rather than pay for it. If I can get it for free I’m all about that. Thanks again! Karen I found divorce forms online for Colorado. Are you sure you can’t find any for your state, Karen? Maybe this url will help – at least for a start: Let us know. http://www.divorcenet.com/forms/divorce.htm
Response:
Thanks so much Lori. The link you provided actually has the form I need. I looked online through so many other websites and couldn’t find what I wanted. I’m going to keep looking and see if I can download that form for free rather than pay for it. If I can get it for free I’m all about that. Lori,….did Bill swap brains with *you* this time??? ;^)
ah ha.. had a feeling they were the same person all along.
Response:
I found divorce forms online for Colorado. Are you sure you can’t find any for your state, Karen? Maybe this url will help – at least for a start: Let us know. http://www.divorcenet.com/forms/divorce.htm – Hide quoted text — Show quoted text – I could if I knew just what I needed. :-) Thats what I’m trying to find out. I’m going to call the judge or courthouse on Monday to find out exactly what I need. According to the letter that I was sent we didn’t fill out a ‘decree of divorce’. I can’t find any paperwork online anywhere or any forms that are a decree of divorce. I thought a decree of divorce was the divorce paperwork itself. I understand that its actually the final decree of divorce that is the actual divorce itself. Couldn’t you just file the missing paperwork and proceed with the divorce already filed? Lori Mc
Response:
Thanks so much for your brutally honest advice people. I was asking a simple question and you all tear me a new asshole. Always nice to read responds to my posts that make me feel like crap. Thanks!!!
The initial posting was confusing as to its intent and the advise desired. Obviously the intent was misinterpreted.
Response:
Wow. I didn’t realize he could retract his petition. I guess I assumed that since we both had to sign the original paperwork that I would have to sign the paperwork to retract the divorce. The law makes my head hurt. Hmmmm…my only concern with him potentially retracting his petition for divorce is that now I’ll have to file the paperwork and therefore pay for it, which I can’t afford at the moment. My husband is a prograstinator and for him to actually retract the petition would mean too much work for him so it likely wouldn’t happen once he realizes whats involved. Oh well. I’m not going to worry about it yet. Thanks for you help. Sorry for the confusion. This is why email some times sucks. So easy for things to be misunderstood. I’m exhausted this week. Too much stuff going on. Clearly I wasn’t paying attention to what I was trying to say. :-) Thanks Ryan. I would like to think that he will get his one day. Not that I’m wishing for that but what he did is unforgiveable. Yet he claims to love me. Errrr….thats love? He needs to write me a defination of love because my idea of love is way different. Karen
Response:
Wow. I didn’t realize he could retract his petition. I guess I assumed that since we both had to sign the original paperwork that I would have to sign the paperwork to retract the divorce.
If you filed a joint petition, then he cannot simply withdraw or dismiss the petition, because then you would be a co-petitioner; however, if he filed and what you signed was a waiver of service and/or notice of the hearing (or some such); then, in Florida (YMMV) he could file a dismissal and the case would be over… unless that is, you did file a counterclaim for divorce which would make him the defendant of your petition. Whether or not you can or should cannot be addressed here. As far as refusing to reconcile… in Florida (YMMV), if either party does not want a divorce and denies the grounds stated in the petition, i.e. that the marriage is irretrievable broken, then the judge could order counseling for a period of time, but ultimately would have to grant the divorce if, after that, the other party still wanted a divorce. [Rog']
Response:
K. Clearly I am being misunderstood. I don’t want to countersue. I can’t be bothered. I don’t want to be vengeful and bitchy. My husband is the plainiff and I’m the defendant. At present we are missing paperwork that will allow us to get divorced. According to the judge we are missing a decree of divorce or something. Now my husband has had sex with someone since we seperated. Now he wants to reconcile. I don’t want to reconcile. Hes already threatened that he will fight this if I say I don’t want to reconcile. I don’t even know if he can since he is the plainiff. I suppose I just want this over with as quickly as possible.
I can’t see a judge, having heard your story, holding this up. He’ll wanna bang the gavel, and be done with it. All I wanted to know was if my husband won’t file the necessary paperwork will it make any difference to speed up my case if I give my reasons for not wanting to reconcile which is the adultery issue. Believe me. Not interested in all this legal bullshit. I just know my husband is going to put up a fight, drag his heels and god knows how long this is going to take. I just want it over and done with as quickly as possible so I can get on with my life.
I think a lot of peoples’ point was that his "infidelity" is likely not going to be an issue, one way or the other. If you want out,…you’re gonna get out. HE filed. Thanks so much for your brutally honest advice people. I was asking a simple question and you all tear me a new asshole. Always nice to read responds to my posts that make me feel like crap. Thanks!!!
Welcome to ASD! :^) We’re honest, if nothing else. You have to remember that a lot of us have axes to grind,… if you *know* that,…it’s easier to winnow out the chaff. – Hide quoted text — Show quoted text – Karen
Response:
– Hide quoted text — Show quoted text – Wow. I didn’t realize he could retract his petition. I guess I assumed that since we both had to sign the original paperwork that I would have to sign the paperwork to retract the divorce. The law makes my head hurt. Hmmmm…my only concern with him potentially retracting his petition for divorce is that now I’ll have to file the paperwork and therefore pay for it, which I can’t afford at the moment. My husband is a prograstinator and for him to actually retract the petition would mean too much work for him so it likely wouldn’t happen once he realizes whats involved. Oh well. I’m not going to worry about it yet. Thanks for you help. Sorry for the confusion. This is why email some times sucks. So easy for things to be misunderstood. I’m exhausted this week. Too much stuff going on. Clearly I wasn’t paying attention to what I was trying to say. :-) Thanks Ryan. I would like to think that he will get his one day. Not that I’m wishing for that but what he did is unforgiveable. Yet he claims to love me. Errrr….thats love? He needs to write me a defination of love because my idea of love is way different. Karen
Response:
The law makes my head hurt.
(((Karen))) Yer not alone there.
Response:
Wow. I didn’t realize he could retract his petition. I guess I assumed that since we both had to sign the original paperwork that I would have to sign the paperwork to retract the divorce. The law makes my head hurt. Hmmmm…my only concern with him potentially retracting his petition for divorce is that now I’ll have to file the paperwork and therefore pay for it, which I can’t afford at the moment. My husband is a prograstinator and for him to actually retract the petition would mean too much work for him so it likely wouldn’t happen once he realizes whats involved. Oh well. I’m not going to worry about it yet.
Couldn’t you just file the missing paperwork and proceed with the divorce already filed? Lori Mc – Hide quoted text — Show quoted text – Thanks for you help. Sorry for the confusion. This is why email some times sucks. So easy for things to be misunderstood. I’m exhausted this week. Too much stuff going on. Clearly I wasn’t paying attention to what I was trying to say. :-) Thanks Ryan. I would like to think that he will get his one day. Not that I’m wishing for that but what he did is unforgiveable. Yet he claims to love me. Errrr….thats love? He needs to write me a defination of love because my idea of love is way different. Karen
Response:
I could if I knew just what I needed. :-) Thats what I’m trying to find out. I’m going to call the judge or courthouse on Monday to find out exactly what I need. According to the letter that I was sent we didn’t fill out a ‘decree of divorce’. I can’t find any paperwork online anywhere or any forms that are a decree of divorce. I thought a decree of divorce was the divorce paperwork itself. I understand that its actually the final decree of divorce that is the actual divorce itself. – Hide quoted text — Show quoted text – Couldn’t you just file the missing paperwork and proceed with the divorce already filed? Lori Mc
Response:
Thanks so much for your brutally honest advice people. I was asking a simple question and you all tear me a new asshole. Always nice to read responds to my posts that make me feel like crap. Thanks!!!
Sorry about that. I just know that I got stuck in a position where I wanted vengence, adn there was no benefit to it. Didn’t mean to rip you a new ahem. As to this post, all I can suggest is roll with the punches. If he doesn’t file the paperwork, then make motions to have it go to a summery judgement. There are always ways . . . he can’t hang it up forever. And if he fights it, what’s he going to tell the judge? "Yer Honour, now, Eye slept wid sum other womenz, and now my dat here wife, well, yer honour, she dont wanna be my wife no more, even though I filed for deevorce!" Yeah, that will come across well. Rambler
Response:
Karen, don’t have an answer to your question. never been married or divorced, though I know how bad adultery is, and, all I have to say is, those who commit adultery are among the lowest scum on this earth. I don’t really care what state conciders certain things adultery or not. all that counts is what a person knows is right or wrong. If someone feels what they are doing might be adultery, even if it might be concidered "acceptable" in certain circles, or in certain places, it probably *is* adultery, anyway. does that make sense? I’m deeply sorry if your husband commited adultery on you. you didn’t deserve that, and, he is a real bastard for it. assuming he did in fact commit adultery, have an affair, a fling, or whatever, he has something coming to him. in other words, he’ll get his, one way or another
– Hide quoted text — Show quoted text – I was reading some frequently asked questions about divorce earlier (online ofcourse) and read the question ‘Can I date while I’m seperated?’ The answer was that while two people are still married it is still classified as adultery even though they are seperated. I imagine this varies from State to State but does anybody know the validity to this? I was considering counter sueing (for lack of a better word) my husband for divorce. With him not wanting to get divorced now I can predict I have a hell of a fight on my hands. I don’t even know if filing charges of adultery is possible after we have already filed for divorce. Anyone had any experience with this? Peace Karen
Response:
I was reading some frequently asked questions about divorce earlier (online of course) and read the question ‘Can I date while I’m seperated?’ The answer was that while two people are still married it is still classified as adultery even though they are seperated. I imagine this varies from State to State but does anybody know the validity to this? I was considering counter sueing (for lack of a better word) my husband for divorce. With him not wanting to get divorced now I can predict I have a hell of a fight on my hands. I don’t even know if filing charges of adultery is possible after we have already filed for divorce. Anyone had any experience with this?
In brief, use of "grounds" may or may not help you. Each state has its own rules about when and how they may be used. If it does help you under the laws of your state, you may be able to amend your petition or complaint to add these grounds. The rules of procedure determine whether the amendment is a matter of right or require leave (approval) from the court. Generally, and YMMV, "grounds" such as this can be used only for limited purposes: 1. If the other party is claiming alimony, the fact that he or she may be shacked up with someone else can be used to limit the award. 2. In some states, there is a longer waiting period for a no-fault divorce and "grounds" are used to overcome the delay. 3. Some states use "grounds" to process a divorce from a covenant marriage, although this may be optional. [Roger]
Response:
Karen … I have followed your postings. You are all over the map with your questions, and your emotions. You seem to be having a hard time excepting reality. I’m Not unsympathetic to what you’re going through now, honest. But little lady, you’re wasting a lot of precious time spinning your wheels. You gotta get up off your ass and get out into the world. You were able to snag one guy, a loser no doubt, maybe next time you’ll be luckier. This time try a little harder to find out what makes the next guy tick, so you don’t make the same mistake twice. nm
Response:
K. Clearly I am being misunderstood. I don’t want to countersue. I can’t be bothered. I don’t want to be vengeful and bitchy. My husband is the plainiff and I’m the defendant. At present we are missing paperwork that will allow us to get divorced. According to the judge we are missing a decree of divorce or something. Now my husband has had sex with someone since we seperated. Now he wants to reconcile. I don’t want to reconcile. Hes already threatened that he will fight this if I say I don’t want to reconcile. I don’t even know if he can since he is the plainiff. I suppose I just want this over with as quickly as possible. All I wanted to know was if my husband won’t file the necessary paperwork will it make any difference to speed up my case if I give my reasons for not wanting to reconcile which is the adultery issue. Believe me. Not interested in all this legal bullshit. I just know my husband is going to put up a fight, drag his heels and god knows how long this is going to take. I just want it over and done with as quickly as possible so I can get on with my life. Thanks so much for your brutally honest advice people. I was asking a simple question and you all tear me a new asshole. Always nice to read responds to my posts that make me feel like crap. Thanks!!! Karen
Response:
All I wanted to know was if my husband won’t file the necessary paperwork will it make any difference to speed up my case if I give my reasons for not wanting to reconcile which is the adultery issue. But that’s not what you asked. Your first post was really confusing and not full of the information you just gave in this one. Short version (and, remember, IANAL), if your husband has filed for divorce, he and only he can take that back, so to speak. He can withdraw his petition for divorce if he so desires, as I understand it. If he doesn’t withdraw the petition but refuses to file the paperwork the judge is requiring, I would imagine that the divorce will not go through. It would then be up to you to either supply the paperwork being asked for or to refile for divorce. Now, if he doesn’t withdraw the petition, files the paperwork asked for, but doesn’t show up for court and sign the final decree, I don’t know what will happen then. It’s entirely possible to get a divorce (at least in the state of Indiana it was about 17 years ago) to get a divorce with only one person signing any papers. So that might be the route you have to take if he insists on not wanting the divorce. Thanks so much for your brutally honest advice people. I was asking a simple question You might have thought you were asking a simple question, but it’s obvious from the replies that nobody understood what you were asking. and you all tear me a new asshole. I re-read all of the replies. Only one reply, to my eyes, comes close to ‘tearing you a new asshole’ and that one is pretty mild. The rest of them seemed to be making sin- cere efforts to answer the question they *thought* you were asking and to address the situation that they *thought* you were presenting. Calm down a little bit and remember, the people here aren’t your husband. Tracey Always nice to read responds to my posts that make me feel like crap. Thanks!!!
Response:
K. Clearly I am being misunderstood. I don’t want to countersue. I can’t be bothered. I don’t want to be vengeful and bitchy. My husband is the plainiff and I’m the defendant. At present we are missing paperwork that will allow us to get divorced. According to the judge we are missing a decree of divorce or something. Now my husband has had sex with someone since we seperated. Now he wants to reconcile. I don’t want to reconcile. Hes already threatened that he will fight this if I say I don’t want to reconcile.
OK….this is all information that was either not provided in your first post, or that I overlooked. I think the "countersue for adultry" thing perhaps was the wrong phrasing, because to me it sounded a little bit vengeful (don’t get me wrong, I think you have every right to be pissed off and upset about your STBX’s actions). Believe me. Not interested in all this legal bullshit. I just know my husband is going to put up a fight, drag his heels and god knows how long this is going to take. I just want it over and done with as quickly as possible so I can get on with my life.
I don’t blame you a bit for wanting to get this over with. If he has now changed his mind (funny way to show it, by sleeping with another woman), then he can withdraw his petition to divorce. There is nothing preventing you from then filing, or at least I can’t think of anything that would prevent you from doing so. Thanks so much for your brutally honest advice people. I was asking a simple question and you all tear me a new asshole. Always nice to read responds to my posts that make me feel like crap. Thanks!!!
Wow. If I made you feel this way, then I’m sorry. Again, this most recent post of yours provided a lot more information than "how can I countersue him for adultry" (when I hadn’t heard you mention another woman before; in fact, I thought you went out of your way to say there wasn’t another woman and that he had just changed his mind about being married. But maybe I’m confusing your situation with another). Lauri in WA I like my email spamless
Response:
I was considering counter sueing (for lack of a better word) my husband for divorce. With him not wanting to get divorced now I can predict I have a hell of a fight on my hands. I don’t even know if filing charges of adultery is possible after we have already filed for divorce. Anyone had any experience with this? Peace
I find it kind of ironic that you sign your posts "Peace", when your actionw seem to be based on vengence. Do you really want peace? You’re good and pissed off at him right now, and that’s quite probably justified. But I really do not understand this game that you seem to be playing. First he wanted to get divorced, and packed you off to Canada with your parents, crying and upset. Then he says he doesn’t want divorced, but now you say to hell with THAT and you’ll counter-sue his ass (plus you want alimony for a marriage that was only a few months in duration). And what does adultry have to do with this situation, anyway? If he’s seeing someone, why wouldn’t he want a divorce from you? And if he’s NOT seeing someone, how could you sue him for adultry? If I may be quite honest, it seems to me that you guys just don’t have the maturity to be married at all. I don’t know if you ever specifically said that you met over the internet, but that was my impression. Might it not be best to chalk this marriage up as an ill-advised mistake between two people who didn’t know each other very well, and let it go at that? Lauri in WA I like my email spamless
Response:
I was reading some frequently asked questions about divorce earlier (online ofcourse) and read the question ‘Can I date while I’m seperated?’ The answer was that while two people are still married it is still classified as adultery even though they are seperated. I imagine this varies from State to State but does anybody know the validity to this? I was considering counter sueing (for lack of a better word) my husband for divorce. With him not wanting to get divorced now I can predict I have a hell of a fight on my hands. I don’t even know if filing charges of adultery is possible after we have already filed for divorce. Anyone had any experience with this? Peace Karen
Response:
I was reading some frequently asked questions about divorce earlier (online ofcourse) and read the question ‘Can I date while I’m seperated?’ The answer was that while two people are still married it is still classified as adultery even though they are seperated. I imagine this varies from State to State but does anybody know the validity to this? I was considering counter sueing (for lack of a better word) my husband for divorce. With him not wanting to get divorced now I can predict I have a hell of a fight on my hands. I don’t even know if filing charges of adultery is possible after we have already filed for divorce. Anyone had any experience with this?
Karen, Not sure what point you are driving at here, other than pain on your part. 1) My understanding is yes, it is still adultery. Adultery, as defined, is sex between a married participant and someone other than their spouse (I won’t get into the definition nuances . . . that was debated ad nauseum in here a couple months ago). 2) So what? Typically, in both the US and Common Law countries, adultery is largely irrelevant, at least to the divorce process. It effects nothing (i.e. the financial settlement or the custodial settlement), but is merely a reason for divorce. In the US, in I think all States (though I am not sure on that) has ye old no-fault divorce (Common Law countries Unreasonable Behaviour). 3) I am not understanding your situation. You said that a) he doesn’t want to get divorced, b) you all have already filed, and c) you want to counter-sue. Why? 4) Annecdote on my part. Ex left mein December a couple years ago. January I get a letter from her solicitors – ex wants a divorce: grounds – my Unreasonable Behaviour. I thought, "To hell with that! She is the one who up and left me, took the kids, shut the entire ‘dream’ down. She wants a divorce, fine, but I will not be the Defendant. I’ll give her her divorce, and she can be the Respondent in an Unreasonable Behaviour petition – hers!" This was duly communicated across to her solicitors. A week letter I get another response: How about we both petition for Unreasonable Behaviour (cross-petition). Again I think I’ll be damned if I am going to accept a petition. She petitions, I’ll defend it. Now, my solicitors thought that was a really stupid idea. Why defend a petition when you don’t want to be married anyway. And that is what it really comes down to. You want a divorce. He doesn’t. Trust me on this, you want to make this as painless as possible for him, even if he wronged you six ways to hell, and most, most, most especially if you have kids (can’t remember). If he wronged you, you don’t want to try and cause him pain, because that is only going to drag things out, and remember you want a divorce. it’s not going to affect the final solutions. If you have kids, well, believe you me, the last thing you want to do is piss him off, otherwise he might start acting like me and make your life a living hell. Why worry about it. Believe it or not, he is going to stew in his own stuff anyway. Let him. Move on. Rambler