5 years ago we separated & i slept w/someone else & got pregnant. I thought it was my husbands so we got back together. He recently found out that I slept w/the other person & we were trying to work on the marriage until thursday evening when he told me he wants a divorce. I don't want it. I think we can still work this out.
Family Law Attorney
Unfortunately wanting to work it out is not enough to thwart a divorce. Would he consider counseling? If not you may want to speak to an attorney about the divorce. Ignoring it won't make it go away
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
Divorce / Separation Lawyer
The other attorney is correct, you can not just hope it will all go away. If he is detrmined to obtain a divorce, he will ultimately be able to obtain one. Talk to a family law attorney in your area. First of all, there is a procedure to stay the divorce for a time while counseling is attempted. However, understand that just because you can compel counseling doesn't mean that you are going to be able to change his mind. If that is the case, you should have the benefit of legal counsel. You are going to be susceptable to agreeing to a bad settlement because of the sadness and guilt you may feel over the the breakup of the marriage. You are not going to be thinking clearly and you need the advice of an impartial professional.
IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: email@example.com.
Divorce / Separation Lawyer
Counsel is correct. You should seek counsel promptly. You will not make good well reasoned decisions when operating from guilt, fear, anger or false hope that the marriage is salvageable. If you want to safe the marriage then try counseling. But first, get legal counsel and educate yourself and get focused. If you do not, then you may well end up with less than that to which you are entitled or to which your child may be entitled.