Whether you're asking for a divorce and your spouse disagrees, or vice versa, you may be wondering what happens when one person wants a divorce and the other does not. Is it possible to actually refuse to grant a divorce? In fact, it can be. In some situations, you may be able to have a divorce petition dismissed in court, but only if you can meet certain standards. Here are some things that you should know:
You Must Have A Reason To Contest
Legally, you can contest a divorce petition. However, in order to do so, you must have a sound reason to contest it. This means that you need to be able to show why the grounds for the divorce are either inaccurate or do not apply.
How Do You Contest A Divorce?
If you disagree with a divorce, you may contest the filing easily. Once you are served with the divorce papers, you are given a certain number of days to file a response with the courts. Usually, this response is an attempt to negotiate the terms of the divorce, but you can also use your response to contest the divorce in its entirety.
You will be provided with a hearing date when you will make your case to the judge about why you feel the divorce should not proceed. Be prepared with any supporting evidence or information that you can provide to strengthen your case.
What Kind Of Divorce Grounds Can You Contest?
When it comes to a divorce petition, you can contest a variety of different grounds for that divorce. For example, if your spouse is filing for divorce on the grounds of adultery, you'd have to be able to prove that you did not, in fact, commit adultery in order to have the petition dismissed.
If your spouse is filing for divorce on the grounds of desertion or alienation of affection, you will have to be able to prove otherwise. You'll need documentation to show your efforts to be present and affectionate with your significant other, including travel records that show your attempts to be home if you travel for work, and statements from those who live near you who can speak to the way that you and your spouse interact.
For more information, reach out to a divorce attorney near you today. He or she can help you understand exactly how you should proceed with an impending divorce, including the ways that you could contest that divorce if you should choose to.Share