Can Divorce be Prevented?
If one person does not wish to get a divorce, but one party in the couple 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 prevent a fault divorce by convincing the court that he or she is not at fault. There has to be evidence of this, and it is ultimately up to the judge to decide. There are other other ways ways to defend a divorce from happening that should be considered in different 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 arguing that the spouse knew of the affair and condoned the action. This is one way for a person to defend himself or herself in court.
Connivance is the setting up of a situation so that the other person commits something to jeopardize the marriage. One type of situation to explain is if a women sets up her husband in situation where he is alone with his mistress. This is known as a set up and it is an argument that one can make in court to defend their actions.
Provocation is another way that one might fight against a divorce. If a spouse is filing for divorce and claims 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 requires that the couple separate for a time and the couple doe not want to prolong the situation. This may lead the couple to mislead the court and pretend that one of them was at fault just to get out of the marriage.
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 need. 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 made 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 hard to get through, but you can make a divorce really transpire, and put an end to the marriage.
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