Las Vegas lawyers - attorneys legal directory
Can One Spouse Prevent a Divorce From Happening?
If one person does not wish 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 proves 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 allowed 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. An example of this is if a women sets
up her husband in a situation where he is alone with his alleged 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 something. 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 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 the 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 grant the divorce. A person
should not have to stay married if they do not desire too. The law is made
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 hard to get through,
but you can make a divorce really transpire, and put an end to the marriage.
Click the link below to return to:
Las Vegas lawyers - attorneys legal directory
