my wife wants to file for divorce. How often do abatements for counseling get approved by the judge?
jeffde23 asked:
She has mental issues. We have not sought counseling. A very abrupt move on her part. I have read that I can file for an abatement which will postpone the divorce for mandatory counseling. Do I have my facts straight?
She has mental issues. We have not sought counseling. A very abrupt move on her part. I have read that I can file for an abatement which will postpone the divorce for mandatory counseling. Do I have my facts straight?
November 14th, 2009 at 6:40 am
It depends on the state you are in (no fault or fault). If she is ill and not getting treatment you can ask for a psychiatric evaluation if there is evidence that she’s harming or intends to harm herself or others. Otherwise, you cannot really make her do anything. A person has a right to be ill — they just can’t hurt anyone (physically).
Remember that the more resistance you offer, the more she will continue with her momentum (i.e. getting the divorce). If you say you respect her decision and start to cooperate with her, she may be more open to the idea of getting counseling.
Good luck. This appears to be a difficult time.