Lewisville, TX asked in Divorce for Colorado

Q: My wife wants a divorce but I don’t. She won’t agree to marriage counseling, do I have any options in court for that?

Can I make these requests in mediation?

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: Realistically you can not be successful with that request unless she agrees to it. The court will accept one party's assertion that there is an irretrievable breakdown of the marriage, which is the legal standard for a divorce. You should focus on the other issues, such as property and debt division, custody and support issues. You should retain an attorney to represent you in this case.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: If she files for divorce, you do have the option to check a box on your written response indicating you don't believe the marriage is irretrievably broken and request counseling. If a court were to grant such a request, which I have never seen in almost 20 years of practicing, all that would potentially do is delay proceedings a little bit.

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