Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2013
    Location
    Nevada City, California, United States
    Posts
    3

    Question Can My Spouse Seek Dissolution of Marriage Even if I Object

    My question involves a marriage in the state of:California

    I filed for a dissolution of marriage as well as a order of protection against my husband back in September. Well, long story short, things have changed since he moved out. I want to remain married and work things out. He no longer wants to. Last week I withdrew both motions with prejudice because if im not mistaken this makes things more difficult to reopen the same case. I believe in marriage and I know with we can work things out.
    So, I guess my question is, can he go file a seperate dissolution of our marriage?
    I am under the impression since I dismissed WITH prejudice he cannot, is this correct?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Dissolution of Marriage

    Of course he can.

  3. #3
    Join Date
    Jan 2013
    Location
    Nevada City, California, United States
    Posts
    3

    Default Re: Dissolution of Marriage

    Even though we both signed the papers stating "with" prejudice

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Dissolution of Marriage

    Even if.

    Can I try to explain another way?

    If that was the case, neither of you would ever be able to file for divorce against the other!

    So yes - he can file. You can file a new motion. What you can't do is re-file the old motions. Make sense?

  5. #5
    Join Date
    Jan 2013
    Location
    Nevada City, California, United States
    Posts
    3

    Default Re: Dissolution of Marriage

    Yes. Thank you for clarifying. All it really is, is one extra step. Starting from square one again. Seems silly, almost pointless, but okay. Thanks for the help.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Dissolution of Marriage

    I believe in marriage and I know with we can work things out.
    You can only work things out if both parties want to make the effort.

    When you filed to dissolve your marriage, you made it very clear to your husband that you DON'T "believe in marriage", and now he wants to be done and move on. There's nothing to be done for it now - the time for counseling and working things out has clearly passed - you can't force him to stay married to you.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Marriage Dissolution Process
    By jp1234 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 06-25-2011, 11:18 AM
  2. Divorce: What Do You Include in a Dissolution of Marriage Final Decree
    By rjgrissmer in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 09-11-2010, 11:01 PM
  3. Divorce: Husband is Filing for Dissolution of Marriage - He's Still Married to First Wife
    By Debbie Donut in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 06-29-2008, 07:36 AM
  4. Property Division: Division Of Credit Card Debt During Dissolution Of Marriage
    By Krisers in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-20-2008, 08:48 AM
  5. Spouse will not let me see my son after a dissolution was vacated
    By stp1999 in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 07-15-2006, 04:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources