subject: How to Prevent Divorce [print this page] 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 other spouse cannot stop the divorce.This is called irreconcilable differences and is a justification for divorce in most places.
One spouse can prevent a fault divorce by convincing the court that he or she is not at fault, if this is allowed in the local jurisdiction. This would be something that they would have to prove and it is up to the judge to decide to prevent the divorce.There are other additional ways to defend a divorce from happening which may also be useful in some situations.
If a person who condones that a spouse is having an affair files for a divorce, the spouse may contest the fault divorce by arguing that the spouse knew of the affair and condoned the action.This is one ways for a person to defend himself/herself or perhaps herself in the court room.
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 a 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 where a couple lives in a state where a no fault divorce requires that the couple separate for a time and the couple do 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 this defense will usually require witnesses and involve a lot of time and expense. Your efforts will usually bring nothing to the situation. Chances are that a court will eventually grant the divorce anyway.A person should not have to stay married if they don't want to be married. The law is designed to give people the opportunity to get out of the marriage 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 happen, and put an end to the marriage.
These are life changing decisions that will have a profound effect on you, ones spouse and the extended family, not to mention the life altering effects on the children - if any.
On the other hand...try to remember why it was that you were attracted to your spouse in the first place.What had changed?Are there any possable wasy the marriage could be saved? How do you get your ex back and save the marriage?
