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 prevent 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 other
additional ways to defend a divorce from happening may also be a
choice for some situations.
If a person who points out that a spouse is involved in an affair
files for a divorce, the spouse may contest the fault divorce by
arguing that the spouse knew of the affair and permitted 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 the inciting of a spouse to do a certain act. If a
spouse is suing 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 wish for. Chances are that a court will eventually
grant the divorce. A person should not have to stay married if they
do not agree too. The law is designed to provide 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.
Los Angeles and Orange County divorce lawyers
and attorneys
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