Happiness After Divorce

Can one spouse stop the divorce from happening?

If one spouse doesn't want the divorce, but the other does and it is a no fault divorce, then it cannot be stopped. This is commonly referred to as "irreconcilable differences" and is considered a justification for divorce.

A spouse can prevent a fault divorce from occurring by proving to the court that they are not at fault. This is something that must prove to the judge's satisfaction. Other methods of preventing a divorce for proceeding may be available in some circumstances.

For example, the court may take into consideration the following circumstance. If one party is accused of adultery but proves to the court that their spouse knew about the affair and condoned it. This would be one possible defense in an effort to prevent the divorce from proceeding.

Connivance is when a situation is set up for a spouse to be tempted with a possible mistress to jeopardize the marriage by committing adultery. If this can be proven in court it may be defended as a "set up."

A spouse may claim "provocation" because s/he was provoked to act in a certain way. For example, if a spouse claims s/he was abandoned, they might defend their actions because they were provoked by the abandonment.

Collusion can occur if both spouses lie to circumvent the law. Some states have more conditions than others. For example, they may require a separation or cooling off period before the divorce will be granted. This may motivate the couple to create a fabrication about adultery to circumvent this condition and accelerate the divorce process.

The above defenses are not very common anymore for several reasons. Using them requires time and money or possibly breaking the law to try to prove your case. Most people aren't willing to go to those extremes, especially if the other spouse just wants out. Eventually, the court will grant the divorce.

No one should be forced to stay in a marriage. Thanks to the law, we're not. If it is the wish of either spouse to end the marriage, it can be emotionally challenging, but "this too shall pass."

 

   

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