If Ido not want a divorce, is there a form I can add or fillout to ask for marriage counseling before the case goes forward?

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If Ido not want a divorce, is there a form I can add or fillout to ask for marriage counseling before the case goes forward?

Asked on September 30, 2011 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunatey, from a legal perspective, your wishes do not matter; even when one spouse does not want a divorce, the other one is entitled to it, and the first spouse cannot force or require the second spouse to engage in marriage counseling.

That doesn't mean you can't ask your spouse to engage in counseling with you, of course. But you have to accept that if your spouse wants out of the marriage, he or she will be able to get out of it, and you can't stop him or her. You therefore should consult with a family law attorney, if you have not done so already, in order to best protect your own interests in a divorce. Good luck.


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