As the question states, if a spouse has filed for divorce against their husband/wife, are they any situations where the Judge will request that the couple attend any type of marriage counseling or anything of the sort? A friend of mine mentioned that before her parents got divorced the Judge that handled their case requested it. Any truth in that?
I must be very ignorant. I never heard of a Mediator before. Any such thing or situation like this in the state of NJ?
Yes, there are children involved.
Thanks for all the information guys. Very useful.
some judges will, when i went to my divorce hearing the judge asked me if i wanted counseling,i was the one who filed. she did not ask my ex.
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13 Responses to “Could a Judge send you to Marriage Counseling during a Divorce case?”
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Meta
June 7th, 2010 at 8:33 pm
I’ve never heard of this but all judges should do this. Way too many people get divorced now over nothing.
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June 7th, 2010 at 9:21 pm
Yes, in most states they can. I don’t think they do in many cases. More often they order mediation to settle custody and property issues. Once the mediator gets a couple talking to each-other, sometimes they opt for counseling on their own.
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June 7th, 2010 at 9:37 pm
no only if they are children involved they advice co-parenting classes!
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June 7th, 2010 at 10:07 pm
i have hear ed of people been ordered to Attend counseling.
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June 7th, 2010 at 10:38 pm
In Florida…a resounding probably. In fact if there are kids involved you can bank on it.
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June 7th, 2010 at 11:18 pm
some judges will, when i went to my divorce hearing the judge asked me if i wanted counseling,i was the one who filed. she did not ask my ex.
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June 8th, 2010 at 12:08 am
a judge did in that movie with ashton kutcher and cameron diaz – OMG – that was so funny.
The ending was hilarious – she punched that jerk in the nuts and just said "you know why!"
I’m a guy and that was still funny.
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June 8th, 2010 at 12:40 am
No, they order mediation, which is a sit down chat with the two of you to try to come up with a fair agreement between the both of you.
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June 8th, 2010 at 1:23 am
When I was divorced in AZ the judge provided materials for counseling at the final dissolution hearing. They are required to give you that, but I have never heard of them making you go. They give you the option on the final documentation. She just asked my husband (who was the filer) if there was any chance of reconciling, if the marriage was salvageable. He said no and that was it. The judge didn’t ask me anything. We didn’t have any kids.
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June 8th, 2010 at 2:00 am
Wow…these responses are entertaining and incredibly incorrect to say the least.
The answer to your question is definitely YES. Most states have in their Family Codes a clause that allows a judge, at his discretion, to order the couple to counseling before granting the divorce if there is reason to believe reconciliation is possible.
It happens all the time when a judge can tell that there is still plenty of love between the spouses and believes that counseling could save the marriage. He will enter a temporary order that orders the couple to counseling for a specific period of time, and if it does not work, they will continue the proceedings after that date.
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June 8th, 2010 at 2:10 am
A judge will ask you during your divorce proceeding if you are sure you want to go through the divorce, one of them can request marriage counceling and the judge will order it. Im in Cali. I saw it happen when I was waiting for my court case to be heard.
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June 8th, 2010 at 2:24 am
Many times a case will appear before a Judge where both dont really wnt a divorce but dnt know of other avenues available to them so if the Judge senses the case may not really be divorce material but could be saved, he has the option of ordering the couple to marriage counseling for a set amount of time. Now if the couple is at odds of dividing property and kids custody, visitation, etc., the Judge could order the couple to meet with a mediator to work out a compromise involving the marital issues. The mediator acts sort of like a fight referee keeping the peace between the two and work out the details. Hope this helps
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Florida Paralegal with a BS degree in Social-Pyschology
July 27th, 2010 at 7:35 pm
Operation simple and easy to use, it is really great