Legal Question in Family Law in New Hampshire
stopping divorce
I filed for a divorce sometime around the middle of Dec 06. I now do not want the divorce. How do I stop it? I filed a motion - I thought since I was the one that initially filed for it that was all that would need to be done. I find now that my husband has to agree to it? But I do not want it. I know in my heart and talking to him - he does not want it as well. But he will be pushed into going through with it by the woman he has gotten involved with. I know this will work out in time and our love will prevail. Our final hearing date is Mar. 27th. Will the judge possibly grant me some time? How do I approach him with that I want the divorce stopped or at least some time? I don't understand if I am the want who started it but now have changed my mind, I hear that the judge could still grant the divorce even though I don't want it? This does not seem right nor fair. Your advice and any things you could offer for options for me would be greatly appreciated.
1 Answer from Attorneys
Re: stopping divorce
I would have to review the pleadings as filed with the court in order to anwer your question in any detail. The general rule is that if both agree, the divorce may be terminated. If he has filed an answer to the petition, then he is entitled to affirmative relief on his complaint for divorce.
Have you discussed joint counseling with him? Perhaps that would be a worthwile approach to determine if the divorce should go forward.
As always, this is a general answer and your specifice situation may require further attention.