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Can I refuse to go through with a divorce?

July 18, 2017

Divorce or separation is marked by a court of law. It is a legally binding right for either party to request. When one party requests a divorce, the other party may not deny or refuse it. People often disagree on money considerations, a division of assets, and other such mentionable ideas. This creates a stalling phase, which is still protected by the courts under most circumstances. If there is a request for a divorce, it must proceed. The proceedings may differ from case to case and below we’ll detail the different paths set out for a disagreement with divorce.

The Two Divorce Types: Fault and No-Fault

A fault divorce carries some aspects that are listed as the primary cause of the separation. Abuse victims, child neglect, and other such extremes can be listed under this separation process. These divorces carry some sort of problems and indifferent situations. These situations or instances must carry evidence to convince the court system. If there are reasonable grounds for your case, the divorce will fall under the fault setting.

The no-fault distinction carries less complications and often requires less information to process. These divorces hold grounds of irreconcilable differences or general disagreement. The feeling is mutual, meaning both parties feel the same about the situation. The only requirement generally faced by these individuals is separate living before a divorce. This allows for the divorce to process in a fluid manner and can cause for it to avoid the court system almost completely for separation to occur.

Hurry Up and Wait

One implication often enforced upon a potential divorce situation is a waiting period. If the refusal is the path you wish to travel, the waiting period can be extended for nearly 2 years, in some cases. The individuals seeking a no-fault divorce will usually be given a time frame that spans up to 6 months. This period is designed to help couples come to full conclusions. Conclusions based on whether the marriage is deemed reconcilable or irreconcilable. This period allows couples to work through their differences or create future plans, especially if there are children that will be affected by the change. The waiting period does not benefit those looking to halt or stall the divorce process, furthering the complications caused from such mindsets.

Stalling and Buying Time

Stalling is another tactic individuals will use if they do not wish to proceed with a divorce. They will go back on their agreements, miss certain court dates or therapist meetings, and pull other strings to stretch out the process. When one party falls into these tactics, the opposing party has rights to proceed with the court. The affected individual can petition the court for a cause of contempt, meaning one party has repeatedly tried to reverse ideals or change their stance. The court can grant a default divorce on these grounds if the evidence is there to support it. This is another process that takes a long period to process, causing a headache for both parties.

Reverting to Covenant Marriage

A covenant marriage is grounds for additional processing in order to obtain a divorce. It is an agreement most couples enter when they apply for a marriage certificate and read their rights at the altar. It prevents couples from obtaining a divorce without due processing from counseling and other such therapy means. This type of marriage is set to limit the amount of divorces among couples. If you were married in the correct fashion, you more than likely reverted for this marriage option. Obtaining the right to bypass this setting is often difficult and most states will not permit it. Since it is a legally binding contract between parties, it can be very difficult to remove this distinction to fast track a divorce. This is another tactic people will back track on in order to prevent a divorce. The legal nature of this marriage type means these meetings and appointments are required for both parties. Absence from these meetings and appointments could incriminate the non-participating party. If a court is to grant a bypass of this marriage type, it often takes years to process, which is more timely than attendance to the therapy and counseling period.

Summary

By legal standards, you cannot refuse to go through with a divorce. There are too many stipulations and potential threats that are created through this form of thinking. If you do refuse a divorce, expect an extremely long process to ensue. Refusal carries long stretches of time and it only adds to the implications.

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