had sex w/stbx

[outsideringa]

What is the name of your state?GA

Okay, if you'll have read my previous post, you know that I have had sex with my stbx (soon to be ex) who filed for divorce in FEB and we have been separated since OCT. My lawyer said he was going to file a dismissal. But does the plaintiff have to do that, or am I (the defendant) able to? He said he wanted to get back together, but lied and now he still wants to get divorced (post sex). HELP

 

[tigger22472]

If he wants a divorce you aren't going to stop him. He has that right. I don't quite understand, nor did I understand in your other post what having sex with him had to do with asking for a dismissal. Even if GA is one of the states the require a separation period and the act of sex would somehow change that in legal terms, why even go for a dismissal? Obviously he doesn't want to remain married to you.

As far as the legal part of it.. either party can 'request' a dismissal. It's up to the judge to grant it and if he's still wanting the divorce then the judge isn't going to grant it.

 

[luv2cruise]

Georgia

GA is a state that supposedly if you have a relation with your spouse during divorce proceedings, the judge can make a rule you must wait another 30-45 days before he grants the divorce. It doesn't dismiss the divorce to where you have to refile but he can wait additional time to grant it.

 

[Happy Trails]

Georgia

GA is a state that supposedly if you have a relation with your spouse during divorce proceedings, the judge can make a rule you must wait another 30-45 days before he grants the divorce. It doesn't dismiss the divorce to where you have to refile but he can wait additional time to grant it.

It would just be delaying it, how will that help you?

 

[outsideringa]

b/c he has accused me of committing adultery....so why would he sleep with me if I was such a horrible person?

 

[notsmartmark]

b/c he has accused me of committing adultery....so why would he sleep with me if I was such a horrible person?

You asked a question that you should either already know the answer, "because he's a horrible person and a guy, both are almost always true," or if you don't know why he would sleep with you and still want a divorce, you have already answered it. You are gullible enough to think that sex, and that’s all it was to him, meant something more than sex to him.

You deserve much more than this. He used you. Say this, “He used you.” Now say, “I deserve much, much more.” Now, find a good lawyer and take everything he owns or might own, and better yet, have fun doing it. Do it with a smile and a happy song in your heart.

 

[casa]

You asked a question that you should either already know the answer, "because he's a horrible person and a guy, both are almost always true," or if you don't know why he would sleep with you and still want a divorce, you have already answered it. You are gullible enough to think that sex, and that’s all it was to him, meant something more than sex to him.

You deserve much more than this. He used you. Say this, “He used you.” Now say, “I deserve much, much more.” Now, find a good lawyer and take everything he owns or might own, and better yet, have fun doing it. Do it with a smile and a happy song in your heart.

The first paragraph was fairly accurate.

The second paragraph had me wondering if you've had your head examined lately. What the hell good is that advice? Take everything he owns & have fun doing it? Are you serious? How does THAT help the child?

I'm certain that lowering herself to his level is not in her best interest- or the child's. I hope you are not a parent!

 

[Shay-Pari'e]

The first paragraph was fairly accurate.

The second paragraph had me wondering if you've had your head examined lately. What the hell good is that advice? Take everything he owns & have fun doing it? Are you serious? How does THAT help the child?

I'm certain that lowering herself to his level is not in her best interest- or the child's. I hope you are not a parent!

It doesn't Casa,...I have noticed him rambling alot on this forum. I guess he is just homesteading until he figures out the purpose of this site.

 

[casa]

It doesn't Casa,...I have noticed him rambling alot on this forum. I guess he is just homesteading until he figures out the purpose of this site.

At least his username is accurate!

 

[Whyte Noise]

Georgia

GA is a state that supposedly if you have a relation with your spouse during divorce proceedings, the judge can make a rule you must wait another 30-45 days before he grants the divorce. It doesn't dismiss the divorce to where you have to refile but he can wait additional time to grant it.

I'd like to see the statutory reference on this, please.

 

[Happy Trails]

I'd like to see the statutory reference on this, please.

***I think she is hoping that the Judge may think that there is a chance of reconciliation. Which may delay the divorce.

In Georgia, if your spouse or you are contesting the petition for divorce or alimony, you may be ordered to participate in a mediation program. Mediation programs are a chance to work out your disagreements with the help of a trained and neutral third party and without a trial or hearing before the court.

Subsequent reconciliation and cohabitation of the parties in a divorce action brought on the single ground of "irreconcilable differences” will end the action for divorce. If you have young or dependent children, you (or your spouse) can ask the court to order temporary child custody or support.

***The problem I see with this is the husband is claiming adultery, so it is not just on the grounds of "irreconcilable differences”. Then the husband could still pursue the divorce.

A "no fault" divorce may be granted when one or both parties believes that the marriage is "irretrievably broken" or cannot be fixed (that there are "irreconcilable differences). A spouse does not have to agree to the divorce and it still may be granted. A spouse may contest that the marriage is irretrievably broken. In that case, the person saying that the marriage cannot be fixed would be required to show that "there are no prospects for reconciliation." If both parties agree to the divorce, the divorce may be granted on the pleadings alone without either party having to appear in court.

Above information found as site:
http://www.povertylaw.org/legalresearch/hotline/state hotlines/Georgia/divorce - ga.htm

 

[Smarty Panties]

why would he sleep with me if I was such a horrible person?

because he has a penis and doesn't care if you're a horrible person. You're equating sex and the heart and he's equating sex with "ooh willing woman, me must do it."

As said before, you are only delaying the inevitable. Give him his divorce and move on with your life.