My husband filed for divorce over 8 months ago, but refuses to schedule a hearing with the courts. There are no kids involved. The court clerk told me he has to coordinate with the court because he is the Petitioner and he has no time limit to do so. I am assuming he is stalling because he needs the medical insurance my job provides and I cannot cancel it since he is in and out of the hospital. He also doesn’t want to have to move. I am more than happy to sell our house and split the profit and go our separate ways, but he can’t afford to buy me out and refuses to budge on moving. He has already gone against the orders he filed and has been selling ‘his stuff’, among other temp orders rule breaking. Is there a step I can take to get this moving? I feel like a prisoner in my own home because everything is just stagnant. Neither of us has an attorney. I met with one, but it was way too expensive for me.
You must want to stay married. If you’re not going to file yourself and get the divorce granted by default when he doesn’t show up, then get an attorney to do it for you. It’s not that hard especially with no kids.
So he files for divorce, doesn’t move, and keeps your insurance. Sounds like he found a way to sleep around and cyber his way legally and financially. Ain’t no cheating once you file for divorce I guess.
Or speak to a lawyer about filing a legal separation if you are not able to counter file for divorce in your state. You can also check if you can remove him from your insurance during open enrollment.
Most states allow ‘bifurcation’. It’s basically a forced divorce. Consult a divorce attorney.
Why don’t you submit as the petitioner? Getting a lawyer to help you navigate this could be beneficial.
You’d have to hide the body.
Why don’t you petition the court for divorce? Then the ball will be in your court and you can get him out of your life.
You should just go ahead and file for the divorce yourself as the petitioner.
You can file for divorce. If he resists, it will take longer, but you will eventually get your divorce.
I had a similar situation and my attorney advised me to counter file for divorce. I did that and we finalized the divorce on my counter petition for divorce.
Just make sure you lock down your credit and limit access to certain things. Once he figures out you’re moving the ball forward, he’s going to try to dig in his heels.
The bad news is that if you have been married for many years and your husband is now unemployed and chronically ill, you might be on the hook for spousal support, including health insurance for the rest of his life unless he remarries.
He’s never had a 9-5 job, but he has had an income for the past 30+ years.
I would also recommend taking photos of any items he is selling if such sales are on a public site like FB marketplace. I have no idea if this will actually be of value later.
Rather than hiring a divorce attorney to work for you, see if you can hire one to advise you. That might reduce the number of hours and overall cost to something you could afford.
You can file for divorce. Keep in mind, if his earning potential is less than yours, you will be paying him. It might be best to come to an understanding and agreement.
What makes you think either party would be paying the other one based on income? They are both able-bodied adults with jobs and no children.
Do not cancel your insurance. File an answer if you haven’t already. You can get help at your local law library. Read the local rules on how to set a hearing, then do it.
Even better if she sets a hearing and he doesn’t come, could be a default judgment in her favor.