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  1. #1
    Join Date
    Oct 2008
    Posts
    4

    Default Errors Found After the Divorce is Over

    My question involves divorce in the State of: Georgia

    After the divorce my ex-wife filed was over and all the lawyers had been paid, etc... I was looking at Georgia Legal Code and found where it says (summarized) that if a spouse files divorce then later has sex with the defendant, that is grounds for dismissal of the complaint.

    During our divorce, my then wife called up out of the blue one day and said she was leaving with the kids. She moved to her Mother's (changed address with postoffice, etc...) in another county. She filed the same day she left. Three months later, she demands to move back in. I tell her no because I didn't want our two kids or myself to go through the trauma of being seperated TWICE (I had to go to counseling for sever depression.) She did so anyway and I was told it was the family home so I couldn't stop her, (the police and my lawyer's secretary.) Once back in, she systematically destroyed or read over my notes, defenses, and recordings of her making false allegations and threats. I was just happy to have the kids back while waiting for the final decree. My then wife also took the liberty of coming back into the marital bed, on many, many occassions after moving back in. I told my lawyer this, the plaintiff lawyer (her attorney) was aware of it, and of course, I was aware of it. But my lawyer never mentioned to me that it would be grounds for dismissal. Instead, we kept going and the billable hours kept mounting.

    Can I have the divorce thrown out after it has been finalized because of her voluntary re-cohabitation and sexual advances and consumation of the advances? The final decree was signed on September 26, 2008. I would refile, but this time with me as the plaintiff. Its pretty cool how in civil family law in Georgia, the plaintiff can pretty much say anything and its up to the defendant to prove its not true.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Errors Found After the Divorce is Over

    My then wife also took the liberty of coming back into the marital bed, on many, many occassions after moving back in.
    And you...kicked her right back out, untouched, right? No? And now you want your divorce thrown out over it, so you can start the process all over again to...what? Rack up more legal bills and extract some distorted form of vengeance?

    What do you hope to accomplish by trying this?

    Aside from the fact that the divorce is already final, there's the issue of your consent to the sex. You didn't say No. Should you find a lawyer who would be willing to try to get your divorce overturned only so you can do it again - and I doubt you'd be successful - the judge is going to want to know why you consented, over and over again.

    You might take a note from Dahlia Lithwick:

    Words signify concepts and "no" still signals the concept of non-consent, for 100 percent of the world's English-speaking population, 100 percent of the time.
    Expect a judge to ask - harshly - why you're apparently incognizant of this.

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