Divorce Question

iVillage Member
Registered: 08-05-2006
Divorce Question
7
Mon, 09-08-2008 - 1:22pm
My husband filed for divorce in February '08 and I was served in March '08. As of today, he has not followed thru. I can't. I am stay-home-mom with no income and legal aid will not even talk to me. Borrowing from family is not an option. We still live as a family. Do things as a family (shop, vacation, travel, etc.). We still sleep in the same bed together. The only the thing that has changed is that there is no sex and we don't talk divorce. Other than those 2 things, life is the same. I don't want a divorce and he knows that. I don't know what he wants because he won't talk about it. So am I destined to live life as it is now or do divorce papers expire. Can I get the filing thrown out? What are my options???
iVillage Member
Registered: 03-11-2008
Mon, 09-08-2008 - 1:32pm

Some attornies offer free consultation.

iVillage Member
Registered: 11-28-1999
Mon, 09-08-2008 - 3:16pm

Sometimes a case will be dismissed for lack of prosecution, in MA it's after a year of inactivity.

iVillage Member
Registered: 08-05-2006
Mon, 09-08-2008 - 4:00pm
I went to three and the information offered didn't help plus their attitudes sucked and wouldn't talk to me a 2nd time unless I came back with $$$$. Very discouraging. Wish I had the resources to help other women in situations like me.
iVillage Member
Registered: 08-05-2006
Mon, 09-08-2008 - 4:01pm
This is really the answer I'm looking for. I can search for the time limit in my state. Thanks for your help.
iVillage Member
Registered: 03-19-2003
Mon, 09-08-2008 - 4:18pm

I know that in Tennessee, once you file if there isn't any progressing activity on the case within a period of one year, the papers "expire", so after that period of time, you'd have to completely refile (and pay another filing fee).


I'd ask him to get off the fence... It's difficult to believe that someone would go on with an unfulfilling life and make no effort to change it... well, OK, I get why it happens, but really... we all deserve to have a happy life (and to change the things in life that aren't happy... however that change may happen... counseling, rebuilding... divorce).


Karen ~ wildlucky4me ~

iVillage Member
Registered: 03-11-2008
Mon, 09-08-2008 - 4:29pm

I am so sorry to hear that you didn't get any answers.

iVillage Member
Registered: 11-28-1999
Mon, 09-08-2008 - 4:36pm
I know that w/ my first DH, he was unhappy & told me he was thinking about div when our DD was about 2, but at that time, things were really bad financially & we couldn't afford to live separately, so for about a year, things were very strained and we lived in the same house but didn't do anything together.