We have been married under a year. No kids together. Our only "property" is a tax refund..My divorce decree says only two things: he can have his 500, and he can come get some stuff from my moms house. He wants more money, to argue "how" he gets the possessions, and then a counterclaim saying he wants the divorce instead.. Is there any way the court could turn around and grant the divorce to him? He wants to prove infidelity, threatening with witnesses, evidence, proof, etc. There has been no infidelity though. If he cant " prove" , then what happens? I have a hard time thinking a divorce with so few possessions, kids etc will be as theatrical as he promises. He also cut my health insurance.
Unfortunately, sometimes people can make divorces to be very dramatic even if there is little property involved. It is a question of personalities -- some people just want to "get even" or litigate something over the principal of the thing.
Without knowing more about your case, it is possible that the judge finds that you have grounds for divorce and grant you the divorce; can find that you don't have grounds, but your husband does and grant him the divorce; or that you have grounds for divorce but he has grounds which are more egregious than yours and grant him the divorce.
That actually shows how the parties can affect the tone of the divorce litigation. Some parties do not care who is granted the divorce as long as there is a divorce and will agree to not contest the other parties' claim. Others will engage into an all out fight to prove that the divorce was the other spouse's fault.
If he alleges infidelity, but can't prove it he likely won't be granted a divorce. Though you could use a false allegation of infidelity as a basis for your grounds for divorce.
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