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Filing a countercomplaint in a divorce case

Discussion in 'Alimony & Spousal Support' started by codfellow, Oct 23, 2014.

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  1. codfellow

    codfellow Law Topic Starter New Member

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    My wife of over 42 years walked out on me 3/24/2014 and filed a complaint seeking "divorce from bed and board," post separation support and alimony with an inequitable property distribution. The offenses listed in her complaint are ridiculous and incredible. In spite of this I will give her the freedom she seeks as well as reasonable support, and we are close to an agreement. She is, however, apparently hung up on language I insist on relevant to cohabitation as she wants it changed to "cohabits with another man" with the word romantically added after man, while I insist on keeping it as is.
    At any rate I am at the point where if she does not accept the terms of my proposal I will let the courts deal with the division. Under these circumstances I will be forced to sign a counter complaint against her for abandonment. Therefore, the question I pose to you is if there is a statute of limitations for me filing such a counter complaint in a divorce from bed and board? Thank you kindly for any response to my query.
     
  2. ElleMD

    ElleMD Well-Known Member

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    Let me get this straight. You are divorcing your wife but want to control who she lives with or engages in a romantic relationship with after you are no longer married? Um, no. Once you are divorced, you have zero say over who she sees socially or romantically. If you had young children it might be appropriate to stipulate rules regarding overnight guests and introducing the kids to romantic interests as part of the custody plan but as you have been married 42 years, I doubt that is in play. Adults get to decide which other adults they associate with.
     
  3. army judge

    army judge Super Moderator

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    Yes, couples do quarrel over the language, as well as the junk in their decrees.

    Your idea that you'd allow the judge to craft the language and divide your "junk" gets my vote.

    Whether "romantically" is appended to "cohabits with another man" won't matter.
    It's entirely unenforceable, as well as irrelevant.
    I've never been divorced, but if I were ever to become involved in that activity, I'd want it to be over as soon as possible. I'd be unconcerned with what she did with the rest of her life, or who she did it with. I'd be very concerned, as I always have been with my "junk".

    I vote for dropping "legal writing" and adding "property division" to your class schedule. Good luck.
     

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