Can i get the divorce case dismissed?
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Can i get the divorce case dismissed?
If my husband filed for divorce but we have been intimate since can the judge
dismiss the case. Arkansas
Asked on April 13, 2018 under Family Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If it is a no-fault divorce, based upon the two of you being apart, and you and he have not merely had encounters, but have cohabitated since the case was filed, that could result in a dismissal...though he can then start over later, after you and he are apart again. Mere intimacy, without cohabitation, would likely not result in a dismissal, since no-fault divorce is not based on not having sex--it's based on not living together or sharing a life.
If it is a fault-based divorce, being intimate does not necessarily invalidate the divorce, though it is possible that in some cases, it will provide evidence undercutting his case for divorce (e.g. if he claimed you were cruel and abusive to him--that could be difficult to square with voluntarily having relations or sex).
Ultimately, if someone wants to divorce you, they will--the law does not let you keep someone married to against their will. You may be better off not fighting the divorce, but rather getting a divorce attorney to help you get the best property/asset distribution and most support possible.
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