If a woman files for divorce and then has sex with her husband can she stop the divorce if he still wants it?

a woman filed for divorce from her husband and once the papers were filed and she moved out he began seeing someone else. Now the wife has decided that she isn’t going to let him have a divorce because he wants to be with someone else. If she goes to court and says that they have had sex since the papers were filed, can she keep him from getting divorced from her?

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10 Responses to If a woman files for divorce and then has sex with her husband can she stop the divorce if he still wants it?

  1. LittleBarb says:

    You DID say the papers were ALREADY FILED right? well no, the divorce will go through —she already signed the divorce papers… UNLESS the papers that were filed were only the FIRST set of papers and not the actual divorce—if the divorce is not finalized, almost anything can happen but if both the man and the woman already signed and filed, then they are divorced and only a REMARRIAGE could make them be married to each other again….people should be REALLY careful what they wish for I guess.

  2. kp says:

    If you live in the US….

    Since ‘failure to have sex’ is not grounds for divorce, why would she think that having sex would be grounds to stop it? Unless…they live in a state with a required separation period and she thinks that having sex ‘restarts’ the separation period? In some states that may be true (I’m not sure), but in my state, it’s not. Occasional sex between the parties does not ‘restart’ the separation period as long as the parties have remained living apart.

    However, if SHE was the one who petitioned for the divorce, she *may* be able to rescind the petition even if he says he still wants the divorce. Of course, in that case, he could go the next day and file his own petition for divorce.

    The bottom line is, if he wants the divorce, he’ll get it. She might be able to delay it, but she can’t stop it (the court will not make him remain married to someone he doesn’t want to be married to).

  3. mamabear says:

    No. She can’t force him to stay married to her. It will only be a harder and longer process.She should accept it and move on. Who wants to be with or stay married to a man that doesn’t want her? Not anyone with any little bit of self-respect.

  4. swalttres says:

    No. but there is still hope if his is or has feelings for her. there are marriage counselors, churches and other ways to stop a divorce rather than just annnouncing the sexual issue.

  5. Joycee says:

    No….Sex has nothing to do with it…Even adultery is not a reason for a divorce in the courts eyes.

  6. Eve says:

    yes…now she can….however it will take a while, and he
    can still get the divorce.
    Why in the world did she do that……..it over……let the divorce
    go through.
    She is just hurting herself.
    You only live once.

  7. Fran J says:

    maybe for a while but eventually hell get it. but why would you want to stop it if he doesnt want you or love you.you can not force him to love you or even live with you. you both have to be willing to work at it or it will never work.

  8. x0lovesxx says:

    i definatly don’t think so, that’s very selfish of the women….also i mean, they had sex-ok but just cause he wants to get w some1 new she wants him back now??? BS…ttly not ok, he should be able to divorce her if he wanted to- which he probb does

  9. buffyteresa says:

    Depends on the state. Some states consider that a "reconciliation" , some will order marriage counseling, and others wont care.
    Ask your lawyer.

  10. putnuckey says:

    no she cant stop it from happening,but it makes it contested and it takes longer and is more expensive

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