By branwen5 - 09/10/2009 02:26 - United States

Today, I had my final divorce proceeding. The judge denied my divorce because my husband is unemployed. I can't get a divorce until he gets a job to pay child support. He hasn't had a job for 3 years. FML
I agree, your life sucks 44 755
You deserved it 3 850

Same thing different taste

Top comments

I don't know much about divorce proceedings but I am guessing this doesn't normally happen, so I would recommend maybe trying to get another judge for the case? Just a suggestion, don't know if it will help.

bigcrazymike 6

I'm calling bullshit. Unless you have some backwards ass hick for a judge, he shouldn't give two ***** about bankrupting your already jobless husband for that child support money.

Comments

is it bad that I have around 5 favorite posters that I scroll through the comments for while I overlook damn near everyone else's response

Improbability 0

That SUCKS. Let's see, do you have every right to divorce this man? Yes. Do you have every right to make sure he helps provide for the kids her brought in to the world? Yes. Basically this judge is massively protecting your (hopefully soon ex) husband. I agree with every one who said it should be either find a way to pay by a certain date or go to jail. Denying you a divorce because he can't provide for the kids... HOW IS HE PROVIDING FOR THEM NOW?? As for this being sexist and the terms of alimony, none of you know what the conditions or terms were in that house. You assume he intenionally does not have a job so he can fulfill some role at home, just as a stay at home mom would. If he just didn't get a job because he's a lazy jerk taking free rides whenever he can get them, then why should she have to pay him because he won't go get a job? Ug, that's great. "Your choices are 1) stay married and pay me to be lazy, or 2) divorce me and pay me to be lazy. Your call."

and that's the reason why u divorce him?

lawgirl1983 0

Ok, I've never commented before, but I just had to for this one. 1) The OP could not have waived child support. Child support is a right of the child, not the parent and cannot under any circumstances be waived by the parent. 2) Ability to pay is something that is considered when a judge determines child support, but I have an extremely extremely hard time believing that a judge would deny the divorce on the basis on divorce. When someone files a complaint for divorce they can also file a complaint for alimony (spousal support), equitable distribution, child custody, and child support. All of these complaints can be combined into one complaint, but you are asking for several different things. The judge can grant parts and deny others, thus even if the judge wanted to deny child support (this could happen if he granted joint physical custody) he would still be able to grant the divorce. 3) I think one of the following things happened: OP went in there without a lawyer, filed things wrong, asked for things wrong or something else and that's why it was denied. OR the OP was without a lawyer and just didn't understand what the ruling of the judge actually was (i.e. he denied somethings granted others and she thinks that means she didn't get her divorce). 4) Someone said you can't appeal a denial of a divorce. This is patently false. Source: I'm in my last year of law school I've taken 3 different family law courses and practiced under the supervision of an attorney in the field of family law for the last year.

lawgirl1983 0

Also, alimony and child support are completely different and separate things.

sure you may not be divorced yet but atleast you dont have to live with him ;) so just work and earn your own money like many others do, then worry about divorce at a later date.

Reverse the genders here, and not a single damn person would be calling a stay at home mom lazy. These comments are ridiculous.

lolno Just because he's unemployed doesn't mean that he's a stay-at-home dad. It's highly possible that he's really just a lazy ass, and this is new incentive for him to remain unemployed.

fake. marriage is a fundamental right.