Can One Spouse Prevent a Divorce From Going Through?
If one side of the party does not want 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 persuading 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 several other ways to defend a divorce from happening that may also be a choice for 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 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 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 demands 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 various reasons. Proving a defense may require witnesses and involve a lot of time and money. Your efforts will usually bring nothing to the situation. Chances are that a court will eventually grant the divorce. A person should not have to stay married if they do not wish too. The law is designed to give people the opportunity to get out of the marriage if that is what one wants. If you are living in a marriage that you don't want to be in any longer, it might be long, hard process, but there is always the choice for divorce.