Can Divorce be Prevented?
If one person does not want to get a divorce, but one party in the relationship does and it is a no fault divorce, then the spouse cannot stop the divorce. This is called an irreconcilable difference and is a justification for divorce.
A spouse can stop a fault divorce by convincing the court that he or she is not at fault. This is something that they would have to prove and it is up to the judge to decide. There are a variety of other ways to defend a divorce from happening that may also be a choice for some situations.
If a person who is aware of and permitting an affair to go on files for divorce, the spouse may argue the fault divorce by proving that the spouse was aware of the affair and condoned the action. This is one way for a person to defend himself or herself in court.
There are times when one member of the party sets up a situation so that the other person does something to jeopardize the marriage. One type of situation to explain is if a women sets up her husband in situation where he is accompanied by the woman he has been involved in an affair with. This kind of set up can be used as leverage in court for a person to defend their actions.
Provocation is the inciting of a spouse to do something. If a spouse is suing for divorce and states that the other spouse abandoned them, the other spouse might defend their suit because they were provoked by the abandonment. Collusion is if a couple lives in a state where no fault divorce demands that the couple separate for a time, and the couple does not want to make the process any longer than This may lead the couple to provide false situations to the court necessary. and pretend that one of them was at fault so that their marriage can be quickly put to an end.
These above defenses are not usually used for a few different reasons. Proving a defense may require witnesses and involve a lot of time and expense. It is likely that your efforts will not produce the results you want. Chances are that a court will eventually permit the divorce. A person should not have to stay married if they do not agree too. The law is created to give people the opportunity to be released from marital status if that is what he or she really wants to do. If you are involved in a marriage that you don't want to be in any longer, the process can be tough to get through, but you can make a divorce really transpire, and put an end to the marriage.
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