Hello, I filed an Absolute Divorce and was sure the judge would sign it (husband agreed but added other things to his Answer) on March 30th via Judgement Summary. I went down 10 days later to get a copy and found out it was denied. The reason was because in my husbands Answer, he lied stating we were intimate from the date of separation up to Aug 2008. In addition, he gave a separation date of Dec 2003, while my original Complaint had April 2004. The judge wrote on the denial…“plaintiff can either request a hearing regarding DOS (date of separation) or re-file in August.” I requested a hearing which will take place tomorrow at 1:30 p.m… My question is how can I prove that we were not intimate up through 8/08 and how can my husband prove that we were? Also, regarding the date of the separation…he filed custody papers (and I have a copy) indicating we were separated in April 2004 (my original separation date from the Complaint). Would that help me prove the DOS or at least put doubt in the judges mind regarding his comments in his Answer to my Complaint? Funny thing…he agreed to the divorce yet it’s still going on.? Also, should I still take a copy of the Certificate for Absolute Divorce to the Hearing tomorrow? What will take place in this hearing since the Summary Judgement was not signed?
A divorce will not go through by summary judgment if there are material issues of fact in dispute. Your husband’s allegations of intimacy leave a question as to whether the martial relationship was resumed, and also puts the date of separation in question.
You will need to request a live hearing in which the judge will hear testimony (by you and your husband if he shows) and he or she will then determine what the date of separation was.
If your testimony is not refuted, the judge will find that your statements are true and factual.
His custody pleadings will indeed be useful in proving that the date of separation was in April 2004 as you alleged.
You should take the certificate with you.
We went to the hearing and we both agreed on the date of separation. The judge granted the divorce and on our way out, he mentioned the distribution of marital assets (which he linked with the custody claims). We both indicated it was submitted under a separate claim and he called us back to the table. He indicated that he would have to withdraw the divorce to allow another judge to decide on the date of separation my husband is using in his marital distribution complaint. I had a copy of his complaint and advised that the date of separation in the Custody/Marital distribution claim was the date we both agreed to today, but the judge kept commenting on the time retirement interest accured since 2004 (which I don’t have a retirement plan, my stbx does). The divorce was not granted and we will have to wait until June 9th when we go to mediation for our child to get a court date to go before the next judge who we hope will be able to grant the divorce and make a decision on the distrubution claim. I was very clear today in court that I wanted nothing as we have not accumulated anything together. We have a time share in Florida that I said he can have, which was th only thing listed in his claim. Still, I now have to wait to go to mediation for custody before I can get a divorce from this man. I’m so frustrated. Or since he claimed we were intimate in 8/08, the judge said I could wait until 9/09 and then re-file all over again. Does this even make sense?