Legal Question in Family Law in Massachusetts
refusal of divorce
what my rights to refuse my cheating husband of a petition for
divorce, and what are the conseguences for and my children?
4 Answers from Attorneys
Re: refusal of divorce
You cannot deny your husband a divorce. You should speak with an attorney immediately to make sure that your rights are protected.
Re: refusal of divorce
No one can be forced to stay married in Massachusetts. Seriously, that only happens south of the Mason-Dixon line. The "consequences' for a divorce are determined on a case-by-case basis, meaning that each circumstance is different. There will be issues to decided either by the parties or the courts that will include: custody of the children (who will they live with most of the week?) and visitation (who will they live with less of the week?); a division of marital assets and marital debts; alimony (if applicable); health insurance; life insurance; etc. etc.
You should speak to a lawyer before you sign anything, and remember that his lawyer cannot represent your best interests... their is no such thing as "our lawyer" when it comes to divorce.
Re: refusal of divorce
He will get the divorce on a contested basis, and the courts will work out appropriate terms for care, custody, visitation, property division, and support. Affairs are only one aspect of property terms, and generally do not affect child support, care, custody, or visitation.
You should engage an attorney and get good advice.
Re: refusal of divorce
You cannot stop the divorce. Cheating may go to the amount of alimony or property you get in the settlement.
I suggest you contact an attorney at once to protect your interests. If there is a religious issue with respect to the divorce, that will be part of the negotiation as well.
Please feel free to call me if you have more questions.