Jen Garner wants Ben Affleck to ‘work on his health’ before finalizing divorce

Uh-oh. Jennifer Garner may need to refile for divorce from Ben Affleck.

According to new court documents, the exes — who announced their separation in June 2015 — were warned by a judge in the L.A. Superior Court that if they can’t settle their case, a judge has the right to call it off. The actress, 46, has been stalling since filing in April 2017. “Jen wanted to give Ben the time and opportunity to work on his health and sobriety,” a source says in the new issue of Us Weekly of the actor, also 46, who has struggled with addiction to alcohol. “She isn’t in a rush.”

And it’s because of their three children: Violet, 12, Seraphina, 9, and Samuel, 6. Garner wants him to “be the best father he can be,” says the insider. “She wants what’s best for the kids.”

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Jennifer Garner and Ben Affleck together
Argo director Ben Affleck kisses his wife actress Jennifer Garner after winning the Oscar for Best Movie at the 85th Annual Academy Awards on February 24, 2013 in Hollywood, California. AFP PHOTO/Robyn BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
LOS ANGELES, CA - MARCH 10: Actors Jennifer Garner (L) and Ben Affleck attend the John Varvatos 10th Annual Stuart House Benefit presented by Chrysler, Kids Tent by Hasbro Studios, at John Varvatos Los Angeles on March 10, 2013 in Los Angeles, California. (Photo by Donato Sardella/Getty Images for John Varvatos)
LONDON, ENGLAND - FEBRUARY 09: Ben Affleck (L) and Jennifer Garner attend the Charles Finch and Chanel Pre-BAFTA cocktail party and dinner at Annabel's on February 9, 2013 in London, England. (Photo by Dave M. Benett/Getty Images)
LOS ANGELES, CA - JANUARY 27: Ben Affleck and Jennifer Garner attend the 19th Annual Screen Actors Guild Awards at The Shrine Auditorium on January 27, 2013 in Los Angeles, California. (Photo by Kevin Mazur/WireImage) 23116_016_1209.jpg
LOS ANGELES, CA - NOVEMBER 08: Jennifer Garner and Ben Affleck are seen on November 08, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 04: Ben Affleck and Jennifer Garner are seen on November 04, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - SEPTEMBER 30: Jennifer Garner and Ben Affleck are seen on September 30, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JUNE 02: Jennifer Garner and Ben Affleck are seen on June 02, 2018 in Los Angeles, California. (Photo by Stav/Bauer-Griffin/GC Images)
LOS ANGELES, CA - FEBRUARY 27: Jennifer Garner and Ben Affleck are seen on February 27, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - FEBRUARY 03: Ben Affleck and Jennifer Garner are seen on February 03, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JANUARY 27: Jennifer Garner and Ben Affleck are seen on January 27, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - APRIL 30: Jennifer Garner and Ben Affleck are seen on April 30, 2017 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - APRIL 16: Ben Affleck and Jennifer Garner are seen on April 16, 2017 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 13: Jennifer Garner and Ben Affleck are seen on November 13, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - MARCH 06: Jennifer Garner and Ben Affleck are seen on March 06, 2016 in Los Angeles, California. (Photo by Stone-e/Bauer-Griffin/GC Images)
LOS ANGELES, CA - OCTOBER 05: Jennifer Garner and Ben Affleck are seen on October 05, 2014 in Los Angeles, California. (Photo by GONZALO/Bauer-Griffin/GC Images)
LOS ANGELES, CA - OCTOBER 03: Ben Affleck and Jennifer Garner are seen on October 03, 2014 in Los Angeles, California. (Photo by GONZALO/Bauer-Griffin/GC Images)
WEST HOLLYWOOD, CA - MARCH 02: Actor/director Ben Affleck (L) and wife actress Jennifer Garner attend the 2014 Vanity Fair Oscar Party hosted by Graydon Carter on March 2, 2014 in West Hollywood, California. (Photo by David Livingston/Getty Images)
LOS ANGELES, CA - FEBRUARY 18: Ben Affleck and Jennifer Garner are seen holding hands on February 18, 2014 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
LOS ANGELES, CA - FEBRUARY 06: Ben Affleck and Jennifer Garner are seen with their daughter, Seraphina Affleck on February 06, 2014 in Los Angeles, California. (Photo by GONZALO/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JANUARY 18: Actors Jennifer Garner and Ben Affleck attend the 20th Annual Screen Actors Guild Awards at The Shrine Auditorium on January 18, 2014 in Los Angeles, California. (Photo by Christopher Polk/WireImage)
LOS ANGELES, CA - NOVEMBER 29: Ben Affleck and Jennifer Garner are seen on November 29, 2013 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
LOS ANGELES, CA - November 07: Ben Affleck and Jennifer Garner are seen on November 07, 2013 in Los Angeles, California. (Photo by Bauer-Griffin/FilmMagic)
LOS ANGELES, CA - JULY 16: Ben Affleck and Jennifer Garner are seen on July 16, 2013 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
SATURDAY NIGHT LIVE -- 'Ben Affleck' Episode 1641 -- Pictured: (l-r) Jennifer Garner and Ben Affleck during the monologue on May 18, 2013 -- (Photo by: Dana Edelson/NBC/NBCU Photo Bank via Getty Images)
LOS ANGELES, CA - NOVEMBER 30: Ben Affleck and Jennifer Garner are seen on November 30, 2012 in Los Angeles, California. (Photo by Bauer-Griffin/GC Images)
BEVERLY HILLS, CA - OCTOBER 05: Actors Ben Affleck and Jennifer Garner attend Variety's 4th Annual Power of Women Event Presented by Lifetime at the Beverly Wilshire Four Seasons Hotel on October 5, 2012 in Beverly Hills, California. (Photo by Amanda Edwards/WireImage)
BEVERLY HILLS, CA - OCTOBER 04: Actors Ben Affleck and Jennifer Garner arrive at the premiere of Warner Bros. Pictures' 'Argo' at AMPAS Samuel Goldwyn Theater on October 4, 2012 in Beverly Hills, California. (Photo by Jason Merritt/Getty Images)
TORONTO, ON - SEPTEMBER 07: Jennifer Garner and Ben Affleck attends 'Argo' Post Premiere Party - 2012 Toronto International Film Festival on September 7, 2012 in Toronto, Canada. (Photo by Sonia Recchia/Getty Images)
LOS ANGELES, CA - NOVEMBER 04: Ben Affleck and Jennifer Garner are seen on November 04, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JUNE 02: Jennifer Garner and Ben Affleck are seen on June 02, 2018 in Los Angeles, California. (Photo by Stav/Bauer-Griffin/GC Images)
LOS ANGELES, CA - JUNE 02: Ben Affleck and Jennifer Garner are seen on June 02, 2018 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 28: Ben Affleck and Jennifer Garner are seen on November 28, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 19: Jennifer Garner and Ben Affleck are seen on November 19, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 13: Jennifer Garner and Ben Affleck are seen on November 13, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
LOS ANGELES, CA - NOVEMBER 04: Ben Affleck and Jennifer Garner are seen on November 04, 2016 in Los Angeles, California. (Photo by BG004/Bauer-Griffin/GC Images)
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Affleck, however, is ready to move on, especially since he’s been dating SNL producer Lindsay Shookus, 38. “Ben would have liked to have finished this and closed the books sooner,” adds the source, but “Jen just isn’t willing to settle the custody issues until she’s 100 percent certain that he’s clean.”

Now, it’s up to him to rise to the challenge. Says the insider, “She’ll wait for him to prove he is taking it very seriously.”

And it seems like he’s rising up to the task already. On August 13, the actor was spotted attending an Alcoholics Anonymous meeting. “This is part of his practice and how he maintains his personal health,” a source revealed. “He’s been doing these classes for months. He’s also been spotted outside of meditation classes as well as meetings. He’s focused on being there for those in his life.”

For more details on Garner and Affleck’s divorce, pick up the new issue of Us Weekly on stands now.

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